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Counting the Costs of Improper Cost Management - Fraser Lindsay, 7 Harrington Street Chambers

01/07/14. In the brave new post Jackson/Mitchell world many will open their e-mails with trepidation in the fear that a new decision has been reached by the Higher Courts reemphasising the ‘comply or die’ ethos that appear to run through the heart of the Jackson’ reforms.

The Landscape as we knew it is no more. The winds of change have heralded the much touted and some may say much maligned Court of Appeal decisions of Mitchell and Durrant. It is correct of course that the decisions in both Mitchell and Durrant are far reaching and are not just limited to specific issues of relief from sanctions following non-adherence with court orders. The implications of the decisions for costs management and costs budgeting should be of significant concern to...

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