Q&As

Are there any specific CPR 36 provisions that may be relevant where a party has filed a costs budget late?

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Published on LexisPSL on 06/10/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Are there any specific CPR 36 provisions that may be relevant where a party has filed a costs budget late?
  • Effect on costs
  • Costs limited to court fees
  • Cost budgeting

Are there any specific CPR 36 provisions that may be relevant where a party has filed a costs budget late?

In answering this Q&A we have limited our research to cover Part 36 issues where a costs budget has been filed late.

It is important to be aware that the provision in CPR 3.13 covers not only a complete failure to provide a cost budget but also any failure to comply with the relevant rules and that includes late service and/or filing of the costs budget—the date for service/filing is stipulated in CPR 3.13.

Effect on costs

Where a costs budget is filed late, the sanction in CPR 3.14 may be applied by the court ie the party will be treated as having filed a limited costs budget such that

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