The courts are becoming more vocal about how to approach the new costs budgeting rulesas litigators test the boundaries of the new regime.
The Court of Appealhas convened a special panel to asses those test cases and is waiting for those disputes to work their way through the court hierarchy.
In the meantime, it is the courts outside London that are currently setting the precedent for litigators and advocates to follow. Last week, in Leeds, Mr Justice Coulson handed down a ruling that contained guidance on how the judiciary would respond to those looking to depart from costs budgets that have been approved by the courts.
The ruling demonstrates just how seriously judges sitting in the Technology and Construction Court (TCC) are taking the new regime. It is still seeping into the psyche of disputes teams, however, and the CoA is awaiting the battles building on the horizon.
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