Legal Cost Specialists

Retrospective costs budgeting

By on Oct 22, 2013 | 2 comments

Costs Judge Master O’Hare, writing in New Law Journal (adapted from O’Hare and Browne: Civil Litigation, 16th Ed), on costs budgeting:

“One problem here is whether a party can obtain an approval retrospectively. In our opinion, the court can approve any costs incurred after the date of a party’s first budget, even if they were incurred before the approval was sought.”

This flies in the face of Regional Costs Judge Chris Lethem’s views on the subject which are:

“There is no retrospection in costs budgeting. Note the wording of CPR 3.15(1):

‘In addition to exercising its other powers, the court may manage the costs to be incurred by any party in any proceedings.’”

This is a disagreement not over how the court should exercise its discretion but what the rules allow.

For what it’s worth, I’m with Chris Lethem on this one.


  1. Isn’t Master O’Hare retiring soon ?


    22nd October 2013

  2. yes, building up to the book deal like Fergie by making odd postulation :p


    22nd October 2013

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