HHJ Simon Brown QC, the pioneer of costs budgeting, has given instant reward for keeping within a court approved budget, with a summary assessment of costs in the sum of £351,000 payable within 14 days.
The High Court rejected a bid by a successful defendant to nearly double its approved costs budget of almost £270k after trial.
The defendant appealed against a judge's costs management decision.
The High Court has handed down a decision concerning the revision of costs budgets under the management pilot in the Technology and Construction Court.
The Court of Appeal has handed down an important and eagerly awaited decision on the potential liability of solicitors for non-party costs orders.
The Court of Appeal has considered the decision of Master Hurst in this leading Costs Budgeting case.
The Master had to decide as a preliminary issue whether there was "good reason" to depart from the Claimant's last court approved budget.
A Costs Judge did not have the power to allow an immediate assessment of costs under CPR 47.1.
The Costs of proceedings in r.36.10 does include the claimant's costs where an offer is accepted pre-commencement. However, this does not give rise to a deemed order for costs.
Part 36 offers can be made at any time, including before the commencement of proceedings and, if accepted within the relevant period, the claimant is entitled to the costs of the proceedings up to the date on which notice of acceptance is served.
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