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Costs: The New Landscape

Paper number

John Denis-Smith

December 2014

A paper based on a talk given to the Society of Construction Law at a meeting in Birmingham on 4th June 2013

This paper considers the changes to the Civil Procedure Rules which came into force in April 2013 and their interpretation by the courts in the first year of their operation, with a particular focus on the major two changes - to the rules governing treatment of non-compliance and the new rules concerning costs management - and the challenges these have raised for ensuring the cost effective and fair disposal of proceedings.

Introduction - Changes to the overriding objective - Relief from sanctions: changes to CPR 3.9 - Changes to the rules governing evidence - Costs: the new proportionality rule - The new model philosophy in summary - Implications for practice in the TCC - The introduction of costs management rules - Steps post approval - The Court of Appeal - Conclusion.

The author: John Denis-Smith is a barrister practising at 39 Essex Street, London.

Text: 33 pages