Abstract

Discusses the establishment of a theoretical basis for a predictable costs model through budgeting. Considers recommendations concerning case management and costs control in the Final Report of Lord Woolf's Access to Justice Inquiry. Analyses cases on cost capping, focusing on the Queen's Bench Division case of AB v Leeds Teaching Hospitals NHS Trust and the Court of Appeal decision in Lownds v Home Office concerning group litigation and the overarching principle of proportionality, setting out the test on proportionality laid down in Lownds. Looks at the court's power to cap costs, whether cost control should be applied in all cases, whether all costs should be capped and the relationship between capped costs and fixed costs. Sets out a suggested model of budgeting and advises on project management tools and budgeting techniques. Considers the practicalities of introducing budgeting and how it would fit with other procedural rules