1. COSTS MANAGEMENT AND COSTS BUDGETING SEMINAR By Phil & Melanie Bingham PJ Bingham & Co Monday 20 August 2012

2. www.pjbingham.co.uk 020 8303 0133 “…… effectively reversing the approach taken in Lownds. In this way, as Sir Rupert said, disproportionate costs, whether necessarily or reasonably incurred, should not be recoverable from the paying party. To put the point quite simply necessity does not render costs proportionate “

3. www.pjbingham.co.uk 020 8303 0133 “Lord Neuberger did not deal with what precisely constitutes proportionate costs and how this is to be assessed” and “ ……… acknowledged that the failure to give any detailed guidance as to how the test will operate may mean …. a degree of satellite litigation while the courts work out the law”. Lord Neuberger did however inform us that 2 specific members of the Court of Appeal will sit on all appeals arising out of the Jackson reforms.

4. www.pjbingham.co.uk 020 8303 0133 “………… a strong respect for, an inclination to uphold, first instance decisions on costs issues. When making costs decisions, first instance judges should not be looking over their shoulders, and parties should not be encouraged to appeal costs decisions.”

5. www.pjbingham.co.uk 020 8303 0133 Costs to date are not covered by the budget but are highly relevant to the overall budget process because they will be taken into account when setting the subsequent budget.

6. www.pjbingham.co.uk 020 8303 0133 There clearly will be extensive satellite litigation on the new proportionality Rules and on costs budgets.

7. www.pjbingham.co.uk 020 8303 0133 The Partners are investing in a new time recording system which will be designed to assist with the practicalities of budgeting but please remember that this is just a tool, it cannot think for you.

8. www.pjbingham.co.uk 020 8303 0133 Failure to put in a budget will result in loss of all of your costs, other than Court fees.

9. www.pjbingham.co.uk 020 8303 0133 Proper preparation also runs into the equally vital task of keeping your eye on the ball after the budget is set.

10. www.pjbingham.co.uk 020 8303 0133 Keeping the Client informed and advising on developments on the budget.

11. www.pjbingham.co.uk 020 8303 0133 Costs Management comes into force at the moment on 1 April 2013.

12. www.pjbingham.co.uk 020 8303 0133 New Rules CPR 3.11 to 3.18 New Practice Direction (3e) New form of Precedent H

13. www.pjbingham.co.uk 020 8303 0133 Applies to all Multi Track cases commenced after 1 April 2013 in a County Court, in the Chancery or QBD (except Admiralty & Commercial Courts).

14. www.pjbingham.co.uk 020 8303 0133 All parties except Litigants in Person MUST file and exchange costs budgets in the new Precedent H within 28 days after service of the Defence.

15. www.pjbingham.co.uk 020 8303 0133 If a budget is not served it will be deemed served but to only comprise of applicable Court fees.

16. www.pjbingham.co.uk 020 8303 0133 CRUCIAL: the costs budget MUST be monitored and if it needs to be revised the Court and the Defendant MUST be informed.

17. www.pjbingham.co.uk 020 8303 0133 The Court will not deviate from the approved budgets unless it is satisfied that ‘there is a good reason to do so’ when assessing the costs.

18. www.pjbingham.co.uk 020 8303 0133 The Court will not approve pre-budget costs they will be dealt with by way of Detailed Assessment at the end of the case, but it may ‘record its comments on them’ and ‘take them into account’ when considering whether subsequent costs are reasonable and proportionate.

19. www.pjbingham.co.uk 020 8303 0133 There is a requirement for the Court to step back and consider if the budget is proportionate – the new proportionate. It is then required to make whatever overall reductions it deems necessary.

20. www.pjbingham.co.uk 020 8303 0133 HHJ Simon Brown QC, May 2012 “one of the biggest scandals is the amount of time lawyers spend writing the witness statement’”.

21. www.pjbingham.co.uk 020 8303 0133 Lord Jackson to the Rules Committee “it is normally only in heavy, high-value multi-track cases that witness statements get really out of hand”

22. www.pjbingham.co.uk 020 8303 0133 Proposed rule change regarding factual evidence (CPR 32) allowing the court to give case management directions: identifying or limiting the issues to which factual evidence may be directed; identifying the witnesses who may be called or whose evidence may be read; limiting the length of witness statements.

23. www.pjbingham.co.uk 020 8303 0133 a) the Costs Budget MUST be filed and served in time otherwise we will proceed to Detailed Assessment and face having the only Court fees allowed on a between parties basis, and; b) you MUST keep on top of your budget monitoring requirements, never forgetting to keep your opponent and the Court updated.

24. www.pjbingham.co.uk 020 8303 0133 April Fool’s Day 2013

25. www.pjbingham.co.uk 020 8303 0133 MONITOR, MONITOR, MONITOR.

26. www.pjbingham.co.uk 020 8303 0133 MONITOR, MONITOR, MONITOR & keep the Court & Defendant informed.