Wills & Trusts Law Reports | October 2014 #143This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it. The claimant had contended that the earlier hearing had been a CMC and renewed that submission in the current hearing. The claimant’s submissions raised general issues as to whether the first hearing in a Part 8 claim, alternatively the first directions hearing, in such a cla...
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 …
Continue reading "Costs Budgeting: An overview and commentary"
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Andrew Hogan reviews the first Court of Appeal decision and if it will be possible to depart from an approved budget Because they are simply ‘taken into account’, if an arbitrary figure of costs claimed in the bill exceeds by 20% more than the estimate, on any assessment, they are often breached with impunity. On …
Continue reading "Costs Budgeting: A new era in satellite litigation?"
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