Costs budgeting is a complex area, and some litigators have more experience of this than others. Failure to file a budget when required to do so results in draconian consequences; the defaulting party is treated as having filed a budget comprising only the applicable court fees. There is also a serious risk that inadequate budgeting on your client's behalf could lead to an irrecoverable costs liability. Equally, a failure properly to scrutinise and challenge an opponent's budget may expose your client to unreasonably high costs. It is therefore essential to engage fully with the costs budgeting process and to ensure that budgets are realistic, accurate and supported by the case strategy from the outset.
The firm generally refers costs work out to specialist costs lawyers, typically to Malcolm Goodwin at Goodwin Malatesta, although you may have established relationships with other experienced costs practitioners. Where costs lawyers are instructed, responsibility for the conduct of the matter nevertheless remains with the instructing lawyer. You should review all budgets, assumptions and costs management advice carefully and satisfy yourself that they accurately reflect the work required on the case and your client's objectives.