Q&As

Can I file and serve a costs budget by email in light of coronavirus (COVID-19)?

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Produced in partnership with Phillip Paterson of Gatehouse Chambers
Published on LexisPSL on 07/04/2020

The following Dispute Resolution Q&A produced in partnership with Phillip Paterson of Gatehouse Chambers provides comprehensive and up to date legal information covering:

  • Can I file and serve a costs budget by email in light of coronavirus (COVID-19)?

Can I file and serve a costs budget by email in light of coronavirus (COVID-19)?

The obligation on the parties under CPR 3.13 is to ‘file and exchange’ budgets by the stated time.

The rules use ‘exchange’ here rather than serve. This tends to suggest that the usual rules relating to service found in Part 6 of the CPR do not apply to cost budgets. Some caution should be adopted in relation to this approach, however. For example, in CPR PD 3E, para 7.7, there is reference to ‘re-serving’ a costs budget after budgeted costs have been approved or agreed. In cases such as BMCE Bank International Plc v Phoenix Commodities Pvt Ltd the requirement to ‘exchange’ has been assumed to be a requirement to serve. The safer approach is to assume that the requirements of Part 6 apply to cost budgets.

CPR 6.20 provides that service may be by fax or other electronic means in accordance with Practice Direction 6A. CPR PD 6A, para 4 provides the

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