The Costs Management Pilot Research Project

Nicholas Gould and Christina Lockwood

October 2012

A paper presented to the Centre of Construction Law 25th Anniversary Conference held at King's College London on 29th June 2012

Following on from Lord Justice Jackson's Review of Civil Litigation Costs, the Costs Management Pilot Research Project started in the TCC and Mercantile Courts in October 2011 and is scheduled to run until 31st March 2013. It is being monitored by means of questionnaires and follow-up phone calls in order to evaluate how effective costs management is in terms of controlling costs and keeping clients informed about the overall costs position. This paper - written by two of those working on the project - considers how the pilot is being received, and gives some statistics; it looks at the role of the judge in costs management; it considers Form HB (the precedent the parties are required to use if they are subject to the pilot) and factors to take into account when completing the form and responding to it; and it comments on the client's view of the process. Form H, the new Precedent H (an amended version of the old form launched in May 2012) is annexed.

Introduction - 1. The Costs Management Pilot Research Project - 2. The role of the judge - 3. Precedent HB and the new Precedent H - 4. The client's view - Conclusion.

The authors: Nicholas Gould is a partner of Fenwick Elliott LLP in London and a visiting senior lecturer at King's College London and Christina Lockwood is a consultant with Fenwick Elliott LLP.

Text 13 pages, plus annex 5 pages