Henry v News Group Newspapers Ltd [2012] EWHC 90218 (costs); [2013] EWCA Civ 19 – Law Journals

Costs: Costs management and detailed assessment

Paul Jones discusses the degree judges are bound by the approved costs budget ‘Budgets are intended to provide a form of control rather than a licence to conduct litigation in an unnecessarily expensive way.’ Costs budgets were a central pillar of Lord Justice Jackson’s civil litigation reforms with the stated intention that they would deliver …

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Civil Procedure: At who’s expense?

Nicholas Lee offers valuable first-hand insight into costs management ‘The first test to be applied is whether the litigation can be conducted justly and at a proportionate cost without a costs management order. If the answer is yes, the judge can elect not to make a costs management order.’ By now many readers will have …

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Civil Procedure: Case Management Orders – when will a costs judge depart from them?

Peter Kirby QC, a High Court costs assessor, provides guidance on how to ensure you recover your costs ‘The imperative is to try and get the budget right the first time and, if necessary, during the course of the litigation to have the same revised in the light of changing circumstances.’ Billy Joel once sang, …

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Reform: Costing ‘plebgate’

Julia Staines and Adam Welsh look at the costs of budgetary non-compliance ‘The underlying message from Mitchell and Henry is that the rules relating to costs budgets should be followed.’ In November 2008, Sir Anthony Clarke (then Master of the Rolls), appointed Lord Justice Jackson to review the cost of civil litigation, and to make …

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Procedure: The price of everything

Daniel Butler and James Whittaker discuss recent case law on case management ‘If a successful party concludes the litigation within the limits of the approved budget, there will not be a requirement for a later detailed assessment given that costs had already been approved by the court.’ The Jackson reforms promised new robust procedures on …

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Costs: Counting the judicial cost

Dan Carnall offers an overview of recent case law on cost budgeting ‘The judicial guidance highlights the importance and benefits of accurate budgeting, confirming that it is vital to remain vigilant throughout the life of a case and continually monitor each element of the budget.’The Jackson reforms introduced new rules providing courts with the ability, …

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Proportionality And Compliance: Will this new matrix control litigation costs?

Natalia Siabkin and Suzanne Farg discuss the impact of the reforms five months after implementation ‘It remains to be seen whether the new rules will reduce the costs of litigation by curbing unnecessary costs or will have the more detrimental effect of preventing litigants from pursuing their claims fully (or at all).’ The new Jackson …

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Costs Budgeting: An overview and commentary

Justin Valentine highlights the issues and gives practical advice ‘Costs budgets must provide a detailed breakdown for each stage of the case, identifying costs and disbursements already incurred and providing estimates of future costs with details of assumptions on which the estimates are based.’ As a parallel development to the intended introduction of fixed costs …

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Civil Procedure Rules: Collaborative costs management – a way forward?

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Mark Bailey provides a defendant’s perspective of the post-April changes and how these should be tackled It is proposed that once a costs management order has been made and a budget approved, the court will thereafter control the parties’ budgets. The purpose of this article is to look at aspects of the new rules, potential …

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Procedural Reform: PI litigation in Jackson’s brave new world

Robert Cumming gives a view from the Bar and considers the practical consequences of the new rules The introduction of the CPR 1998 ushered in a new culture of active case management. Parties were no longer to be trusted to run their litigation efficiently free from judicial scrutiny. In little over three years Lord Justice …

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