Reminder to use updated Precedent H from 1 September 2013

Reminder to use updated Precedent H from 1 September 2013

Following on from last week's publication of rule changes to the CPR, amendments to the CPR Practice Directions have now been published.

One such amendment relates to changes to Precedent H. From 1 September 2013 a substituted and amended Precedent H will be introduced and readers are reminded that they should ensure that they use an up to date version of Precedent H. These amendments are relatively minor but seek to address issues raised by users over the past 4 months since its introduction.

Forthcoming amendments to Precedent H

  • Deleting the reference to court fees in the exclusions on page  1. (This confirms the judiciary approach reported in PSL DR (available to subscribers) on 13 May 2013)
  • Changing the litigation phase Issue/Pleadings to Issue/Statements of claim to reflect the terminology in the CPR
  • Leaving lines 1 – 4 under the Fee earners time costs blank leaving users to fill in the fee earner description themselves.

Since the introduction of costs budgeting and precedent H there has been much speculation as to whether the current exemptions will continue and to what extent current issues users have with the form would be exacerbated if it were to apply to cases in the Commercial Court or those over £2 million in other courts which are currently excluded (see our piece on that consultation here).

Share your experience/issues with Precedent H

With these forthcoming amendments in mind, we thought it would be interesting to see the types of issues users are having with the form and whether the negative concerns surrounding it still apply since it has become a central aspect of litigation costs management.

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LexisPSL subscribers should note that an interactive precedent H is available. If you are not a subscriber, please click here to find out more and to access a free trial.

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About the author:

Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.

Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.

In practice, Virginia acted in a variety of general commercial disputes covering areas including  intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.

Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.