Best Practices for Budget Preparation in Legal Cases
Learn valuable insights on budget preparation in legal cases, emphasizing the importance of meticulous planning, incurred and estimated costs phasing, MoJ guidance, and contingency considerations. Explore essential tips shared by H. Mitesh Modha, Senior Associate at Kain Knight Group, to streamline budgeting processes effectively.
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Presentation Transcript
LSLA & LCLCBA Seminar Wednesday, 6thMarch 2015 How Best to Prepare Your Budget / Form H Mitesh Modha, Senior Associate Kain Knight Group 1 The Kain Knight Group
Deadlines! Directions Questionnaire All documents to be returned usually within 28 days of DQ date specified on Directions Notice Otherwise, no later than 7 days before the CMC 7 clear days Automatic sanction of court fees only CPR 3.8(4) 28 day extension can be agreed Providing no hearing date at risk 2 The Kain Knight Group
Preparation, preparation, preparation! the parties were well aware that this was a case for which budgeting would be required from the start the mere fact that a date is set for CMC is not supposed to be the starting gun for proper consideration of budgeting Mitchell v NGN, Master McCloud Line up Counsel / Experts / Costs Draftsman Lead times for fee quotes Discuss the litigation path Who will share the pain of reductions??? 3 The Kain Knight Group
Preparation, preparation, preparation! Incurred and estimated costs must both be phased E.g. pre-action witness statement/proofs must not be dumped in pre-action Keep notes of where various time entries have been allocated essential to costs recovery CPR 3.18 Try to narrow/agree procedural issues with opponent: Disclosure extent / key words / date ranges Number of experts / witnesses Trial length 4 The Kain Knight Group
Preparation, preparation, preparation! MoJ Guidance: SoC amendments = Contingency not Issue/Pleadings Part 18 Requests = Issue/Pleadings CMC = only the first CMC Witness statements = Yours and considering opponents Expert reports = initial/joint statements, questions, supplementary reports Copying bundles = not fee earner work in CMC/PTR/Trial Counsel s brief fee & refreshers = Trial phase, not split between Trial and Trial Prep Trial remember closing submissions/draft judgment Mediation = Contingency not ADR/Settlement 5 The Kain Knight Group
Preparation, preparation, preparation! Contingencies Reasonably anticipated task not falling in another phase Don t be vague not a general pot of money Not expected to have a crystal ball See Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB) foreseen as more likely than not to be required PD 3E, para 7.9 costs of interim apps not reasonably included in the approved costs budget, treated as additional to approved budget But see Simpson v MGN Ltd & Anor [2015] EWHC 126 (QB) 6 The Kain Knight Group
Preparation, preparation, preparation! Assumptions Justify the incurred costs and estimated costs Define the litigation path you have predicted Outline what is excluded as well as included but do not over caveat Mention brief fee tranches & expert cancellation fees Not intended to be War & Peace on budgeting CIP v Galliford Try [2015] EWHC 481 (TCC) Coulson J six closely typed pages and no less than 65 separate assumptions so widespread in nature and effect, that they alone render the Claimant s budget wholly uncertain and therefore unreliable 7 The Kain Knight Group
