Important guidance was given this morning by Master McCloud (sitting as Deputy Costs Judge) in Woodburn v Thomas (Costs budgeting) [2017] EWHC B16 (Costs).It relates to how the costs of budgeting should be dealt with in Precedent H and any in subsequent bill of costs.
KEY POINTS
The Assump...
This could have been avoided with a finding that practice directions do not have the same weight as the rules and to the extent that they create this unintentional mess there ought to be flexibility in approach.
This would mimic the finding in that early staged success fee case (the name of which escapes me).
This case leaves me confused. It is encouraging a flexible approach whilst also saying that the guidance ‘must’ be followed. Sensibly the guidance ought not be followed.