Disclosure pilot scheme—costs recovery
Disclosure pilot scheme—costs recovery

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

  • Disclosure pilot scheme—costs recovery
  • Requirement to provide costs estimates at an early stage
  • Costs assessment under the disclosure pilot scheme
  • Costs orders under the disclosure pilot scheme
  • Costs management under the disclosure pilot scheme
  • Steps to be taken when dealing with costs under the disclosure pilot scheme

This Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme found in CPR PD 51U. The pilot scheme, in force from 1 January 2019 for two years, applies to both existing and new proceedings (CPR PD 51U, para 1.2). It has the potential to have a significant impact on costs recoverability, particularly where a case is subject to costs management. This is especially so given that the provisions in CPR PD 51U take precedence over any conflicting rules or Practice Directions, and this would include the costs management rules in CPR 3 and CPR PD 3E (CPR PD 51U, para 1.7). Considerations for practitioners are the requirement to provide a costs estimate for the disclosure process, how costs assessment is dealt with under the disclosure pilot scheme, costs orders in respect of the disclosure pilot scheme and the effect of the pilot scheme on costs management. This Practice Note also sets out a timetable for provision of costs information prior to the case management conference (CMC).

For guidance about the disclosure pilot scheme generally, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

Requirement to provide costs estimates at an early stage

All parties subject to the disclosure pilot scheme are required, as part of the scheme, to provide an estimate of what they consider