Costs
Another High Court decision indicating strict approach to departures from costs budgets
A decision handed down last week further indicates the strict approach the courts are likely to apply where costs budgets are exceeded: Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1643 (TCC). The judge (Coulson … Continue reading
Filed under Costs
Court of Appeal comments on court’s approach to costs management
In granting permission to appeal against a costs management order made under the pilot scheme in the Leeds Mercantile Court, the Court of Appeal (Moore-Bick LJ) made interesting comments regarding the court’s approach to costs management: Troy Foods Ltd v Manton [2013] EWCA Civ … Continue reading
Filed under Costs
High Court decision indicates strict line on revision of costs budgets
The High Court has considered the circumstances in which a costs budget, which has been approved by the court as part of a costs management order, can subsequently be revised or rectified: Murray & anor v Neil Dowlman Architecture Limited [2013] EWHC … Continue reading
Filed under Costs
Jackson reforms now in force
The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and Wales. However, as today is Easter Monday and therefore a bank holiday in England and … Continue reading
New exception to costs management procedures for commercial claims over £2 million
The new “costs management” procedures that are being introduced for multi-track cases commenced on or after 1 April 2013 will not apply to cases in the Chancery Division, Technology and Construction Court, or Mercantile Courts where the sums in dispute … Continue reading
Filed under Costs
Our new “Handy client guide to the Jackson reforms”
The long-awaited Jackson reforms will come into force on 1 April 2013 and will bring about major changes to civil litigation in England and Wales. We have published a guide which summarises on two sides of A4 the key changes … Continue reading
Filed under Announcements, Costs, Funding
Court of Appeal allows departure from court approved costs budget in controversial decision
The Court of Appeal has overturned the decision of the Senior Costs Judge that there was “no good reason” to depart from the claimant’s approved costs budget in circumstances where the budget had been exceeded by close to £270,000: Henry v News … Continue reading
Filed under Costs
Exception to Jackson reforms for claims by insolvent companies
The government has clarified which claims will benefit from the continued recoverability of CFA success fees and ATE insurance premiums, following its announcement in May last year that there would be a two-year delay to implementation of this aspect of … Continue reading
Draft Damages-Based Agreements Regulations have surprising implications
The government yesterday published the draft Damages-Based Agreements (DBA) Regulations 2013, which were laid before Parliament on 21 January. Subject to approval by resolution of each House of Parliament, the Regulations will come into force on 1 April this year. As drafted, the Regulations appear to … Continue reading
Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference “Trends in international dispute resolution”. Following introductory remarks by global head of dispute resolution Sonya Leydecker, a series of presentations and panel discussions took place on … Continue reading
Filed under Collective actions, Costs, Funding, Jurisdiction
