Q&As

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at what point in the proceedings do the parties have to produce costs budgets?

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Produced in partnership with Chris Adams of Gosschalks
Published on LexisPSL on 07/03/2018

The following Restructuring & Insolvency Q&A produced in partnership with Chris Adams of Gosschalks provides comprehensive and up to date legal information covering:

  • Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at what point in the proceedings do the parties have to produce costs budgets?

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at what point in the proceedings do the parties have to produce costs budgets?

It is assumed that this Q&A is referring to the general costs management provisions in CPR 3 and CPR PD3E.

See Practice Notes: Costs management and costs budgeting—general principles and Costs budgeting—courts' approach.

The general rule contained in CPR 3.13 is that unless the court otherwise orders, all parties (except litigants in person) must file and exchange budgets:

  1. where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires, or

  2. in any other case, not later than 21 days before the first case management conference

CPR 3.12(1) makes clear that the costs management provisions apply to all CPR Part 7 multi-track cases, with a limited number of exceptions, the main one of which is ‘unless the court orders otherwise’. In contrast, rule 12.1(2) of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024

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