Gordon Exall’s Civil Litigation Brief is simultaneously invaluable reading for all civil litigators and an example of what is currently wrong with the law.
The advent of the interweb, legal blogs and online resources such as BAILII, produces a continuous stream of new “reported” decisions on a daily basis totally unimaginable even 20 years ago.
On an application for relief from sanctions, for example, advocates are rarely content to simply address the court on the wording of the rule and the Mitchell/Denton guidance. The temptation now is for each party to produce a bundle of authorities on the point with each seeking to apply or distinguish the various decisions to the facts of the current case.
The issue of costs budgeting is no exception to the problem of proliferating “authorities”. Gordon Exall has put together an invaluable list of decisions on the issue of costs budgeting. Whether this trend should really be encouraged is, perhaps, a moot point. Nevertheless, in an age where one can virtually guarantee an opponent will seek to produce numerous authorities on any given issue, one must be prepared to fight fire with fire.