Costs and compliance update: Jackson in practice
The Jackson reforms aim to streamline the civil litigation process and to promote proportionality and efficiency in the resolution of disputes. The reforms seek to achieve this through effective costs management and budgeting and through strict compliance with case management directions. A number of recent cases in the key areas of costs and compliance begin to provide valuable guidance, for solicitors and clients alike, as to how post-Jackson civil procedure should work in practice.
The case of Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd is a clear example of the court adopting a strict, no-nonsense approach to costs budgeting. In that case, the successful defendant sought to amend its approved costs budget post trial and was given short shrift. The defendant’s costs budget was originally approved by the court at approximately £270,000, including some £30,500 estimated expert’s fees. In reliance on that budget (and of some relevance to the judge’s reasoning), the claimant had obtained ATE insurance cover to the limit of £250,000. Shortly before trial, the defendant filed an increased costs budget, this time of around £500,000 and including £200,000 of expert’s fees, although it did not make a formal application to amend its budget. When the defendant finally did make a formal application to amend its budget after it had won the case, its application was refused…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
What do you do when you take possession of a house and the former occupier has left various items of theirs behind?
Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.