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Costs Management Notes

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This is an extract of our Costs Management document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

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Costs Management, CPR 3.12-18 [and PD3E, paras 1-7 interwoven]

3.12, Application of this section, and the purpose of Costs Management
-(1) this Section, and PD3E, apply to all Part 7 multi-track cases, EXCEPT:
o (a) where the claim is commenced on or after 22nd April 2014 and amount of money claimed as stated on claim is PS10million or more; or

(b) where claim is commenced on/after 22nd April 2014, and is for a monetary claim which is not quantified, or not fully, OR is for a nonmonetary claim, and in any such case the claim form contains a statement that the claim is valued at PS10million or more; or

(c) where in proceedings commenced on/after 6th April 2016, a claim is made by or on behalf of a person under age of 18 (a child), (and on a child reaching majority this exception will continue to apply unless court orders otherwise);
o (d) where the proceedings are the subject of fixed costs or scale costs; or

(e) the court orders otherwise.
-(1A), discretion to also apply this section in other cases: this section and
PD3E will apply to any other proceedings (including applications) where the court so orders.
-(2) the PURPOSE of costs management = that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the overriding objective.

PD3E, para 1-5 - Production of Costs Budgets (with a view to a costs management order being made)
-Effect of 3.12 and 3.13 [PD3E, para 1]: requires the parties in most Part 7 multi-track claims with a value of less than PS10 million (where claimant is not a child) to file and exchange costs budget.
-In OTHER cases, the court has a discretion to make an order requiring file &
exchange to costs budgets.
o This power may be exercised on application, or on court's own initiative.
o In all cases, court will have regard to the need for litigation to be conducted justly & at proportionate cost, in accordance with the OO.
-(b) in cases where Claimant has a limited or severely impaired life expectation (5 years or less) ? the court will ordinarily disapply cost management under Section II, Part 3.
-Where costs budgets are filed and exchange ? court can consider making a costs management order (see below).
-At an early stage in litigation, parties should consider and discuss (where practicable), whether to apply for an order for the provision of costs budgets, with a view to a costs management order being made.
-If all parties consent to application for an order for provision of costs budget
-the court will make such an order (other than in exceptional cases). ?

An order for the provision of costs budgets, with a view to a costs management order being made, may be particular appropriate in the following cases:
a) Unfair prejudice petitions under s994 Companies Act 2006 b) Disqualification proceedings pursuant to Company Directions
Disqualification Act 1986 c) Applications under the Trusts of Land and Appointment of Trustees
Act 1996 d) Claims pursuant to the Inheritance (Provision for Family and
Dependants) Act 1975 e) Any part 8 claims or other applications involving a substantial dispute of fact and/or likely to require oral evidence and/or extensive disclosure; and f) PI and clinical negligence cases where value of claim is PS10m+.

3.13, Filing and exchanging (1) budgets and (2) budget discussion reports
-(Where this section applies, i.e. Part 7 multi-track cases where value less than PS10million and C is not a child OR any other cases where court so orders)
-(1) Budgets:
o Unless court orders otherwise, all parties EXCEPT litigants in person,
MUST file and exchange budgets:
-(a) where the stated value of the claim on the claim form is less than PS50,000 ? with their directions questionnaire;
-(b) in any other case (i.e. claim is PS50k or more) ? not later than 21 days before the first CMC.
o PD3E, Para 6 Format of Costs Budget
-Unless court orders otherwise, a budget must be in the form of Precedent H annexed to this PD.
-Must be in landscape format; easily legible typeface.
-A budget must be dated and verified by a statement of truth signed by a senior legal rep of the party [[Part 22 re wording of statement of truth]].
-Parties must follow the Precedent H Guidance Notes.
-In substantial cases, court may direct that budgets be limited initially to part only of the proceedings and subsequently extended to cover the whole proceedings.
-In cases where (i) a party's budgeted costs do not exceed
PS25,000 OR (ii) the value of the claim as stated in claim form is less than PS50,000 ? the parties must only use the first page of Precedent H.
o NB (PD3E, 7.8): a litigant in person, although not required to prepare a budget, will be provided with a copy of the budget of any other party
-(2) Agreed Budget Discussion Report:

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