Q&As

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?

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Published on LexisPSL on 05/09/2014

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

  • Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?
  • Purpose of CPR 3.14
  • Costs budget

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?

The short answer is that a party cannot make a claim for costs up to the date of the CMC.

Purpose of CPR 3.14

The purpose of the provision in CPR 3.14 is for it to act as a sanction such that if a party fails to provide a costs budget, as provided for by the CPR provisions, it will be unable to recover any of the costs expended in pursuit of the litigation other than the court costs.

Given the draconian sanction, the court does have the ability to make another order; this is provided for at the start of the provision in CPR 3.14.

If the costs have only recently been restricted, you may be able to take steps to seek to set aside or overturn that decision.

You may, also or alternatively seek relief from sanctions under CPR 3.9. The provisions in relation to relief from sanctions have been considered recently in the

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