Litigation – Costs Management And Recent Case Law

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims.

Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief.

The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan.

The opportunity was taken to enhance the commentaries with recent case law discussions regarding:

• Security for costs applications relating to the economic consequences of COVID19.
• Reasonable adjustments which allowed a vulnerable witness to provide evidence.
• Choice of expert to provide evidence.
• The costs consequences of withdrawing a Part 36 Offer.
• The admissibility of ‘without prejudice’ material in limited circumstances.

We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.