CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd [2014] EWHC 3546 (TCC); [2015] EWHC 481 (TCC); [2015] EWHC 1345 (TCC) – Law Journals

Update: A litigation overview – 2015

Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

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Costs: Budget cuts

David Sawtell summarises recent costs judgments ‘The summary nature of costs budgeting means that the court may either overestimate or underestimate the future expenditure of costs that will reasonably and proportionately be required.’ Costs budgeting is now a familiar part of the litigation landscape. Costs management hearings are supposed to be carried out quickly and …

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Reform: Keep it in proportion

Adam Dyl takes stock of the implementation of costs reforms ‘Litigators are warned that in assessing costs the court will be more persuaded by arguments that you did all you could to deal with the case proficiently, rather than doing what was in the best interest of your client.’ It has been a few years …

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Costs: Free time

Sarah Breckenridge analyses the current state of costs management ‘Costs management aims to control and therefore reduce the costs of litigation. But the act of producing, negotiating and allowing judicial scrutiny of budgets can itself be an expensive and time-consuming process.’In May 2015 at the annual Harbour Lecture, Jackson LJ ‘confronted’ costs management with a …

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Costs: Less pain more gain

Miranda Whiteley summarises recent guidance on costs from the Technology and Construction Court ‘Proportionality is not all about the relationship between the size of the claim and the claimant’s (or the total) costs bill.’ We have had to wait for nearly two years for some guidance from the courts on the new proportionality test for …

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Construction Focus: Mediation: stays and windows

Should a window for ADR be built into a dispute referred to the TCC? John Starr analyses the findings of a recent case ‘It was wrong in principle for the court to fix a “window” for ADR at a time when at least one significant party – in this case the claimants – positively did …

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