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WHAT IS THE POINT OF COSTS BUDGETING? Merrix v Heart of England NHS Foundation Trust Claim No: A90BM

WHAT IS THE POINT OF COSTS BUDGETING? This is a question often asked rhetorically by practitioners frustrated by the seemingly ever more expensive and unwieldy process of costs budgeting. However, in a recent case, the Court has explored the relationship between budgeting and detailed assessment. In a decision of 13 October 2016 in the matter of Merrix v Heart of England NHS Foundation Trust Claim No: A90BM096, District Judge Lumb, sitting as a Regional Costs Judge in the Birmingham District Registry was asked to determine the following question: “To what extent, if at all, does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed asse

PAYMENTS ON ACCOUNT OF COSTS – Master Matthews – Ashman v Thomas [2016] EWHC 1810(Ch)

PAYMENTS ON ACCOUNT OF COSTS The decision of Chancery Master Matthews earlier this year in the case of Ashman v Thomas [2016] EWHC 1810(Ch) has led to some debate as to the exercise of the Court’s discretion in awarding a payment on account of costs to a successful party. In that case, the Master concluded that there was no objection in principle to considering a request for a payment on account of costs when it was sought after the hearing but before the Order was sealed. The relevant rules are not perhaps as comprehensive as might be hoped when they are to be applied to cases which do not conclude at Trial. It is perhaps useful therefore to consider the relevant provisions and associated c

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