Can the Court Consider Hourly Rates in the Budgeting Process? - Marc Banyard, John M Hayes
18/08/15. Earlier this year, Warby J gave judgement in the case of Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB). This was a decision primarily on whether the Claimant’s plea of malice should be struck out but, because the application for strike-out was made whilst the budgeting process remained live, it afforded an opportunity for Warby J to provide some guidance as to the latter in a reported authority.
One of the issues with which Warby J engaged was the main practical problem which confronts both lawyers and Judges when embarking on the budgeting exercise: should the Court, or even can the Court, consider hourly rates? The standard response from any party which would prefer that the case managing Judge not probe too deeply into such questions (and it is an argument I myself have made) is that 3EPD 2.3 specifically precludes the Judge from so doing in stating that...
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