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Costs Management Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Costs Management notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

COSTS MANAGEMENT

? procedure (a) (b) (c) (d) (e)

parties exchange litigation budgets court states extent to which budgets approved court manages case within budgets (as far as possible) as case progresses, parties may file amended budgets subject to court approval at end of litigation, winning party's recoverable costs assessed in accordance with costs budget

? purpose = manage costs to further OO (r3.12(2))
? application of costs management (r3.12(1)) o all multi track cases (except specialist proceedings) unless fixed or scale costs apply / court otherwise orders

o all other proceedings where court orders
? format of costs budget o info on following stages:pre-action costsissue and SoCscase management conferencedisclosurewitness statementexpert reportspre-trial reviewtrial preptrialADR / settlement discussionscontingencies e.g. unlikely but possible interim applications

o must be dated and verified by statement for truth signed by senior legl rep of party (PD 22 para 2.2A)

? filing and exchanging budgets o who? (r3.13)all parties (except litigants in person) must file and exchange (unless court orders otherwise)litigant in person must still be provided with other party's budget (PD 3E para 2.8)

o when? (r3.13)by date specified in notice served under r26.3; orif none specified 7 days before first case management conference

o failure to fileparty treated as having filed budget comprising only applicable court fees (r3.14)

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