Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1191 (TCC); [2013] EWHC 1643 (TCC) – Law Journals

Cost Budgeting: The essential guide

J &

Nick Kitchen sets out what every practitioner needs to know ‘Where costs budgets have been filed and exchanged, the court will normally make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made.’ The …

Continue reading "Cost Budgeting: The essential guide"

This post is only available to members.

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, …

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

This post is only available to members.

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 …

Continue reading "Procedure: The price of everything"

This post is only available to members.

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, …

Continue reading "Costs: Counting the judicial cost"

This post is only available to members.

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 …

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

This post is only available to members.

Construction Focus: Check the contract

John Starr looks at recent case law on calculating limitation periods in construction claims ‘Aspect v Higgins reinforces the need to keep an eye on limitation periods, especially where some other form of dispute resolution procedure, such as adjudication, is already underway.’ Once a limitation period expires, it is no longer possible to bring claims …

Continue reading "Construction Focus: Check the contract"

This post is only available to members.