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Reality bites

Costs budgeting is now the norm in most types of litigation, not least in proceedings concerning trusts and estates, where the costs can be very high, says Lloyd Junor

4 March 2014

 

Litigation costs are out of control. It’s a view that has been held for some time. Lord Justice Rupert Jackson’s final report, published in January 2010, outlined a series of core proposals aimed at reducing fees in litigation, which have now been carried through.

Jackson has been described as “Woolf with teeth”. In other words, the reform of the Civil Procedure Rules by Lord Woolf in 1998, which were all about procedure, have now been given some bite. Jackson’s reforms are all about the ‘economy of litigation’.

So, the purpose of costs budgets is to control litigation costs, in particular to make them ‘proportionate’ to the value of the dispute. Parties can no longer run up huge litigation bills on relatively low-value cases.

In Re Boyes [2...

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