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PI Brief Update

Costs Budgeting: Opportunity or Threat? - Kelvin Farmaner, FOIL & Trethowans

04/03/13. With all the talk about non recovery of success fees and insurance premiums, banning referral fees and whether or not the RTA portal will be extended, one might miss what could be the most significant change to the way in which litigation is conducted since the Woolf reforms: Costs Budgeting.

The basic principle is very sensible. Essentially it will no longer be acceptable for cost issues to be left to the end of litigation when the costs have already been incurred. That was always the main failing when it came to detailed assessment and the reason why so many bills of costs were hard fought. The leap forward is that there will be control over costs as part of the general case management process.

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.