Amending Costs Budgets

The impact of costs budgeting is coming into sharp focus with the first cases being reported of parties failing to have their budgets amended or failing to recover. In the Technology and Construction Court in the case of Elvanite Full Circle Ltd v Amec Earth & Environmental, the court rejected after the trial significant amendments to the budget. Although the material had been filed at court, it had not formally sought approval and the application was rejected. All variations that materially effect the original costs budget should be the subject of an application to vary that agreed at the Costs Management Conference at the earliest opportunity.