Precedent H for use when preparing costs budgets expressly states: “This estimate excludes VAT (if applicable), success fees … (if applicable)…” PD3E para.7.3 states: “The court’s approval will relate only to the total figures for budgeted costs of each phase
Costs management and case management
Another day passes and another client emails me, following a CCMC, to advise that there was no time at the hearing to deal with the budgets and the matter is to be relisted at a later date to deal with
First page of Precedent H only
PD 3E para.6(c) provides: “In cases where a party’s budgeted costs do not exceed £25,000 or the value of the claim as stated on the claim form is less than £50,000, the parties must only use the first page of
Costs budgets and work on mediation
The previous Guidance Notes on Precedent H expressly stated that the costs of mediation should not be included within the Settlement phase of the costs budget. The updated Guidance Notes on Precedent H now states that the ADR/Settlement phase should
Costs management and the costs of agreeing budgets
The updated Guidance Notes on Precedent H retains the requirement to include, under the CMC phase: “Correspondence with opponent to agree … budgets, where possible” This is odd. The Guidance also states: “Budget preparation: the time spent in preparing the
Costs budgets and amendments to statements of case
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
Costs budgeting and brief fees
The new Guidance Notes on Precedent H, following the update to PD3E para.7.4 (which came into force on 1 October 2019), include an important amendment in relation to brief fees. Previously, trial brief fees were to be placed in the “Trial”
Setting hourly rates when costs budgeting
There remains uncertainty as to how the courts should address the issue of hourly rates when undertaking costs budgeting. PD 3E para.7.10 states: “The making of a costs management order under rule 3.15 concerns the totals allowed for each phase
Costs budgeting – The value of the claim
Costs budgeting is designed to ensure proportionate costs are incurred by setting budgets at an early stage in the proceedings. Costs are proportionate if they bear a reasonable relationship to the sums in issue in the proceedings and the other
Costs of preparing costs budget
Practice Direction 3E – Costs Management, paragraph 7.2 states: “Save in exceptional circumstances the recoverable costs of initially completing Precedent H shall not exceed the higher of £1,000 or 1% of the total of the incurred costs (as agreed or