A summary of recent developments in insurance, reinsurance and
litigation law.
This Week's Caselaw
Merrix v Heart of England NHS: Judge holds that
detailed assessment is still available where a costs budget has
been approved
http://www.bailii.org/ew/cases/EWHC/QB/2016/B28.html
This is the first reported decision to have considered the
relationship between costs budgeting and costs assessment. The
receiving party here argued that if the costs claimed were at, or
less, than the figure approved in its budget, the paying party
would have to show that there is a good reason to depart from that
figure, and those costs should otherwise be assessed as claimed,
without further consideration. The paying party argued that the
costs judge's powers and discretion are not fettered by the
budgeted figure, but instead the budget is just one factor to be
considered in determining reasonable and proportionate costs on
assessment.
