Costs management Flashcards
(34 cards)
According to CPR 3.12, in which types of claims does the costs management regime NOT automatically apply?
”- Small claims track
Under what circumstances can the court disapply the costs management regime even when it would normally apply?
“For example
Under what circumstances can the court require compliance with the costs management regime even when it would not normally apply?
“The text does not provide a specific example.”
What is the general timeline for filing and exchanging costs budgets?
“Usually 21 days before the first CMC.”
What is the purpose of a budget discussion report and when is it typically filed and exchanged?
“To record the extent to which the parties have agreed budgets. It is usually filed and exchanged seven days before the first CMC.”
What is a costs management order?
“A provisional indication by the court of what should be considered reasonable and proportionate costs in any later assessment proceedings.”
When should parties file their costs budgets if the stated value of the claim is less than £50,000?
“With the parties’ directions questionnaires.”
When should parties file their costs budgets in any other case (where the stated value is £50,000 or more)?
“21 days before the first CMC.”
How is ‘budget’ defined in the CPR Glossary?
“An estimate of the reasonable and proportionate costs (including disbursements) which a party intends to incur in the proceedings.”
What specific wording must the statement of truth at the end of the costs budget include?
‘“This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation”’
What is the key distinction between party/party costs and solicitor/party costs?
“Party/party costs relate to what a party might hope to recover from the other side
What is Precedent H?
“The prescribed form for the costs budget.”
What two things does Precedent H require practitioners to set out?
“Any assumptions on which the budget is based and any possible contingencies.”
When must parties only use the first page of Precedent H?
“Where the monetary value of the claim is less than £50
Does the rule about only recovering budgeted costs unless there is good reason apply to incurred costs?
“No
What is Precedent R?
“The form for the budget discussion report.”
What two key pieces of information do parties indicate in the budget discussion report?
”- The figures which are agreed and not agreed for each phase of the litigation; and
- A brief summary of the grounds of dispute.”
At which hearing does the court generally consider the parties’ budgets and the budget discussion reports?
“At the first case management conference (CMC).”
What is a costs management conference?
“A hearing convened solely for the purpose of costs management.”
What are the two main consequences of the court’s consideration of budgets and budget discussion reports?
“Case management decisions and costs management orders.”
How does the court use available costs budgets when making case management decisions?
“It has regard to any available costs budgets and the costs involved in each procedural step of the litigation.”
What will a costs management order record regarding the parties’ costs budgets?
“The extent to which the costs budgets are agreed between the parties and
In a case where a CMO has been made, what principle applies when assessing costs on the standard basis?
“The court will have regard to a party’s last approved or agreed costs budget and will not depart from it unless satisfied that there is good reason to do so (CPR 3.18(b)).”
