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End of the phoney war: budgetary control 
for civil costs

Following April's implementation of budgetary control for civil costs in the multi-track, ?Andy Ellis examines the implications for solicitors.

15 August 2013

It is arguable that we have been in a period analogous to a phoney war. Alarms have sounded but we await the major decisions that will shape the longer term application of costs management.

So far, and thanks to decisions arising from the pre-LASPO pilots rather than the post-April rules, there has been some encouragement for the optimists and the pessimists. In this context I define optimists as those who expect costs management to provide more certainty over litigation costs and greater efficiency in their assessment.

The pessimists include those who ?predict that a lack of judicial appetite and resource, allied with loud barks but soft bites on implementation will undermine the new rules and, worse still, create an additional layer that will increase rather than reduce costs.

Significant support for the optimists (and in this case they might be ...

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