Report comment

I agree with the comment above. This is not a case of "overspending" as the article suggests, but rather one where we are either a) dealing with an unrealistic budget, potentially due to rulings at the CMC, or b) events happen that had not been anticipated at the budgeting stage.

If the defendant unexpectedly applies to the court to have the claim struck out, we cannot just refuse to defend the application on the basis that the budget won't accommodate it. That would be negligence of the highest order.

Solicitors have said all along that budgeting is extremely difficult as it is impossible to predict the level of work that will be required to any degree of certainty. Having been told this from the outset, and having proceeded to implement budgeting rules in any event, people cannot really complain at this stage that budgeting is not working.