Costs management orders—1 October 2020 changes to practice direction 3E
Costs management orders—1 October 2020 changes to practice direction 3E

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Costs management orders—1 October 2020 changes to practice direction 3E

Costs management orders—1 October 2020 changes to practice direction 3E

This Practice Note sets out the paragraphs in the old practice direction 3E dealing with costs management orders and identifies the new or existing rules and paragraphs in CPR PD 3E that replaced them on 1 October 2020 under both the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 and the 122nd Update—Practice Direction Amendments:

Previous practice direction provisionExiting or new ruleComment
Practice Direction 3E, para 7.1
Where costs budgets are filed and exchanged, the court will generally make a costs management order under rule 3.15. If the court makes a costs management order under rule 3.15, the following paragraphs shall apply.
Existing rule: CPR 3.15(2)
Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made. 
The guidance in the practice direction was obsolete as it was already covered in CPR 3.15(2).
Practice Direction 3E, para 7.2
Save in exceptional circumstances—
(a) the recoverable costs of initially completing Precedent H shall not exceed the higher of £1,000 or 1% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted costs (agreed or approved), and
(b) all

Popular documents