Among the changes introduced to the new Guidance Notes on Precedent H, following the update to PD3E para.7.4 (which came into force on 1 October 2019), is one relating to amendments to statements of case.

The previous Guidance Notes expressly provided that, under the Issue/Statement of Case phase, parties should not include:

“Amendments to statements of case (see below)”

It was not entirely clear what the “see below” reference referred to.  However, there was a reference in the notes to the “contingent cost” section as including “applications to amend” and presumably amendments to statements of case were meant to be included as contingencies.

The new Guidance removes this exclusion and expressly includes “Amendments to statements of case” within the Issue/Statements of Case phase.

Costs budgets and amendments to statements of case

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