Insights

No More Cliffhangers…

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July 5, 2017

Two recent cases have outlined how the Court should approach incurred costs in budgeting.

In Harrison v University Hospitals Coventry & Warwickshire Hospital NHS Trust [2017] EWCA Civ 792, the Court of Appeal confirmed that incurred costs do not form part of the budgeting process; these are to be dealt with at detailed assessment. This reaffirmed the position of Carr J in Merrix and expressly disagreed with the dicta in SARPD Oil International Limited.

 

In Sir Cliff Richard OBE v The BBC & Chief Constable of South Yorkshire Police [2017] EWHC 1666(Ch), Chief Master Marsh indicated that the court should be wary of making any comment in relation to incurred costs at the budgeting stage.

Read more at the JHA Costs Team Blog