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A Further Examination Of ‘Good Reason To Depart’ From An Approved Costs Budget

Master Rowley becomes the latest costs judge to tackle the meaning of ‘good reason to depart’ from an approved costs budget on detailed assessment, specifically in relation to hourly rates and valuation of claim.

costs budgeting

Budgets, Hourly Rates, Good Reason and Proportionality

On a detailed assessment of costs a reduction in hourly rates of the incurred costs is not a ‘good reason’ to depart from the budget in respect of the budgeted (future) costs.

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The court can only depart from agreed or approved budgets, up or down, if there is a “good reason” for doing so

Davis LJ endorses Master Whalan’s approach to detailed assessment where costs budgets have been agreed or approved

Cliff

Costs Budgeting And Incurred Costs | To Comment Or Not To Comment

Chief Master Marsh considers the purpose and effect of commenting on incurred costs at a costs management hearing under CPR 3.15 and PD 3E.

costs budgeting

Parties warned to stop treating costs budgeting “as a form of game”

Coulson J warns against parties adopting an unrealistic approach to and in particular with regards to Precedent R.

costs budgeting

Costs budgeting trumps detailed assessment… to an extent

Carr J: “On a detailed assessment on a standard basis, the costs judge is bound by the agreed or approved cost budget, unless there is a good reason to depart from it.”

Padlocked Pound

Security for costs and the role of court approved costs budgets

Sales LJ sets out the Court of Appeal’s policy regarding costs security when a party demonstrates a ‘deliberate reticence’ about its financial position, and the relevance of any court approved costs budget in the calculation of an appropriate sum

costs budget

Judge declines to comment on approved budget after trial

HHJ Pelling QC exercises caution in the absence of “express or implied agreement of the parties” to indicate whether, or not, he would have been prepared to approve an increase in the Defendant’s approved costs budget had an application been made pre trial.

Defendant’s costs budget slashed in Facebook libel dispute

Warby J reduces defendant’s proposed legal budget by more than a quarter, claiming the reduced sum will still allow them to undertake a “proper” defence.