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ARTICLE · 08 NOVEMBER 2011

On A Budget: The New Costs Management Order

Bircham Dyson Bell LLP
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The new costs management order is here to stay, and those firms that master the art of costs budgeting early on will have an advantage, says Richard Langley.

United KingdomLitigation, Mediation & Arbitration
Richard Langley
Richard Langley

This article was first published in the Solicitors Journal on 18 October 2011 and is reproduced by kind permission.

The new costs management order is here to stay, and those firms that master the art of costs budgeting early on will have an advantage, says Richard Langley.

Courts have always grappled with how to manage cases and had a variety of tools at their disposal for this purpose. In 1595, the Master of the Rolls decided in one chancery case that the pleading, at 120 pages long, was eight times longer than it needed to be. The remedy was to order that the pleader be brought into Westminster Hall at 10.00am the next Saturday, whereupon a hole be cut in the middle of the pleading so that it could be placed over the pleader's head, who would then be led around "bare headed and bare faced" before being sent to the Fleet Prison until he had paid a £10 fine (Mylward v Weldon [1595] EWHC Ch 1).

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