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 01/10/2020

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)?

This Q&A considers whether you can file and serve costs budgets via email in light of the coronavirus (COVID-19) pandemic. This Q&A is based on the rules in force on 1 October 2020. For guidance on the position under the rules in force during the pandemic prior to this date, see Q&A: 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 3.15(7), there is a requirement that ‘a party must re-file and re-serve’ the 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

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