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The Impact of Costs Management on Detailed Assessment: The Rules in Practice - Joanne Chase, Clarion Solicitors

06/05/19. The Jackson reforms sought to control the cost of civil litigation. One mechanism of doing such was through the introduction of costs management. In the 2010 Review of Civil Litigation Cost; Final Report, Jackson stated that ‘Costs management is an adjunct to case management, whereby the court, with input from the parties, actively attempts to control the costs of cases before it. Effective costs management has the potential to lead to the saving of costs (and time) in litigation’

It wasn’t until April 2013 that the concept of costs management was introduced, and both civil litigators and the costs profession had to grapple with an unfamiliar ‘precedent H’ and learn how to forecast the likely costs that would be incurred in a piece of litigation. The impact of such a budget, however, was not felt until the conclusion of the litigation. Costs that had been incurred prior to the making of a costs management order were still subject to detailed assessment, and the receiving party had to show how their costs fell within the budget ordered by the Court...

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