Tough talk and tough action

In the New Law Journal of 20 September, Mark James of Temple Gardens Chambers considered the decision in Elvanite (Litigation Letter October p. 88) and concluded that under the new regime, at the post-judgment/settlement stage, the courts will not only talk tough they will act tough. It may be that a more understanding approach will be taken where an erring party acts quickly and, well before trial, makes an application to revise its budget. But, if the delay is too long it will find that the gates to costs justice have been slammed shut in its face.