header-logo header-logo

19 May 2023 / Dominic Regan
Issue: 8025 / Categories: Opinion , Costs , Fees , Procedure & practice
printer mail-detail

All change on costs?

The Civil Justice Council has issued its final word on costs reform: Dominic Regan runs through the changes to guideline hourly rates & costs management

Having just marked the tenth anniversary of the Jackson reforms, another set of proposals is emerging over the horizon. While tightly focused, their implementation would make a significant difference to practitioners. They would also, unusually, be warmly welcomed.

The just-published Civil Justice Council Costs Review considered a handful of issues. This article addresses what it had to say on two important matters: costs management and guideline hourly rates.

Three cheers for costs budgeting

The report opens with the heading ‘Is costs budgeting useful?’, before stating: ‘Overwhelmingly, and somewhat surprisingly, responses were favourable, but with some significant tweaks recommended,’ Indeed, the consultation paper of 2022 audaciously suggested outright abolition as a possibility.

While the council was surprised by expressions of ardour for costs management, I was not and this is why. There was a big tent meeting last July attended by perhaps 150, including me.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll