header-logo header-logo

Making it all add up

10 October 2013 / John O'Hare
Issue: 7579 / Categories: Features , Procedure & practice , Costs
printer mail-detail

John O'Hare provides practical advice on revising a costs management budget

Costs management budgets are not costs caps; the court will expect the parties to regularly review them and to either agree, or apply for, revisions when necessary. It is most unlikely that anyone will be able to predict all the significant developments which will later occur in the course of a case, however carefully they drafted the first budget. Practice Direction 3E, para 2.6 refers to the making of revisions (upwards or downwards) if significant developments warrant them using words of obligation: “Each party shall revise its budget.”

Revisions are likely to be agreed or allowed whenever it becomes clear that any of the assumptions listed on the first page of the budget is false. Similarly, every budget is subject to certain implied assumptions (that opponents will not serve unnecessarily prolix pleadings or witness statements, or be uncooperative as to site inspections or inspection of documents). When setting your first budget

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

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll