4.6 Introduction to costs management Flashcards Preview

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Flashcards in 4.6 Introduction to costs management Deck (8)
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1
Q

CPR 1.1(1)

A

CPR 1.1(1)

…the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

2
Q

For the purposes of the Overriding Objective, what does ‘proportionate costs’ mean?

A

Costs are proportionate if they bear a reasonable relationship to:

  1. The sums in issue in the proceedings;
  2. The value of any non-monetary relief;
  3. The complexity of the litigation;
  4. Any additional work generated by the conduct of the paying party;
  5. Any wider factors such as reputation and public importance.
3
Q

What is costs assessment?

A

The final assessment of costs which the court makes after a case has concluded and will make an order requiring (usually) the losing party to pay.

4
Q

What is costs management?

A

The process throughout pre-trial and trial by which the court seeks to ensure that the parties keep their costs within proportionate limits.

5
Q

Why is ongoing costs management beneficial, as opposed to just a final costs assessment?

A
  1. It enables the court to ensure that its case management directions are proportionate in the costs that they impose on the parties;
  2. It gives the parties certainty so they can regulate their own behaviour.
6
Q

What are the four basic stages of the costs management regime?

A
  1. Budgets - exchange and discuss;
  2. Budget discussion reports - agreement (if any) on budgets;
  3. Case / Costs Management Conference;
  4. Directions Order or Costs Management Order.
7
Q

Which Rule sets out the types of multi-track cases to which the costs management process does not apply?

A

CPR 3.12

8
Q

To which multi-track cases do the costs management rules not apply?

A

CPR 3.12(1) [summarised]

(a) claims for £10 million or more commenced on or after 22nd April 2014; or
(b) partially or wholly unquantified monetary and non-monetary claims commenced on or after 22nd April 2014, where the claim form states the value is over £10 million; or
(c) claims made by or ob behalf of children commenced on or after 6th April 2016; or
(d) where the proceedings are the subject of fixed costs or scale costs; or
(e) the court otherwise orders.

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