The defendant costs specialists

Costs management hearings

By on May 27, 2014 | 4 comments

The Association of Costs Lawyers’ submissions to the Civil Justice Council on the impact of the Jackson reforms included:

“One court is dealing with case management on one day and then costs budgeting on a second day. This seems to be appreciated as it enables budgets to be adjusted to meet the case management decisions.”

It may be appreciated but it completely undermines the costs budgeting process. Case management and costs management are meant to go hand-in-hand. If the budgets appear disproportionate, the court adapts the case management decisions to reduce the work required and reduces the parties’ budgets accordingly. It should be clear from a properly drafted budget what impact reducing, for example, the number of expert witnesses will have. Or, at the very least, this information should be available at the case management/costs management hearing so the judge can make informed decisions. How can a judge make proportionate case management decisions if he does not know what size budgets these will produce?

Judges who are ordering split hearings are flying in the face of the judicial training on this.

    4 Comments

  1. Good to see the CLowns still dont understand, and well done to you, Simon, for pointing out they are wrong

    Anonymous

    27th May 2014

  2. Perhaps this can be dealt with by carrying out a detailed assessment at the end, that could potentially trump any budget decisions.

    Can you try and make an authority please?

    $$$$$$$$$$$$$$$$$$$$$$$$$$$$

    Truly Eminent Costs Professional

    27th May 2014

  3. I think you will find us CLOwns dealing with it on the coal face very much get it and the procedures it entails. Now we just need the judiciary to get up to speed, most problems tend to stem from 30 Minute cmc’s being listed and just enough time to get through the directions

    I find that most directions and budget hearings take two hours

    abcde

    27th May 2014

  4. CLowns at the coal face? wow, there’s a first, I thought they portrayed themselves as too lofty to get their hands dirty with real work.

    Oh, sorry, I realise it was a joke response now, after I read that CLowns “very much get it”, kinda flies in the face of their own submissions Simon has kindly highlighted in the original article

    Anonymous

    29th May 2014

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