The recent case of (1) Mr Philip Freeborn, (2) Ms Christina Goldie -v- Mr Daniel Robert de Almeida Marcal (t/a Dan Marcal Architects)  EWHC 3046 (TCC) concerned a party whom, in relying upon a letter from the Court, filed and served a cost budget seven days before a Case Management Conference (CMC) instead of … Continue reading The cost of opportunism.
Details of the 93rd update to the Civil Procedure Rules containing amendments to practice directions are available online. These were signed by authority of the Lord Chancellor on 21 November 2017 and are now in force. Notably this includes changes to Practice Direction 3E – costs management, at paragraph 7.2 specifically: “7.2 Save in exceptional … Continue reading Changes to the recoverable costs of budgeting
The long awaited Judgment of BNM v MGN  EWCA Civ 1767 has finally been handed down. As we envisaged, the Court of Appeal have held that Master Gorder-Saker was wrong to have adjudged that “when applying the new test of proportionality, the court need not consider the amount of any additional liability separately from … Continue reading Common sense prevails in BNM…
Permission to appeal the judgment of Master Campbell in the matter of RNB v London Borough of Newham, which confirmed that the reduction in hourly rates was enough of a ‘good reason’ to depart from an approved budget, has now been granted. Master Campbell originally outlined that it was unsatisfactory to allow a higher hourly … Continue reading RNB – Permission to appeal granted
The recent judgment of Deputy Master McCloud, sitting as a Deputy Costs Judge in the SCCO, has sought to clarify the position regarding how costs relating to costs management should be presented, arising out of a tension between Practice Direction 3E and the MOJ Precedent H guidance note. The Practice Direction, at 3E B(6)(d) states … Continue reading Costs Budgeting – Tension between guidance note and Practice Direction
The Court of Appeal decision in Harrison v University Hospitals Coventry and Warwickshire NHS Trust  EWCA Civ 792 held that where there is an approved costs budget, that figure will only be departed from if there is ‘good reason’ to do so. This is in line with CPR 3.18. The key question is then, … Continue reading Departing from an approved Costs Budget; doesn’t EVERY matter have some form of ‘good reason’?
Two recent cases have outlined how the Court should approach incurred costs in budgeting. In Harrison v University Hospitals Coventry & Warwickshire Hospital NHS Trust  EWCA Civ 792, the Court of appeal confirmed that incurred costs do not form part of the budgeting process; these are to be dealt with at detailed assessment. They … Continue reading No more cliffhangers…