Q&As

For a Part 8 claim not subject to costs budgeting, the listing questionnaire requires an ‘estimate of costs’. Is there any guidance on how detailed this estimate must be and what form it must take?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 23/02/2018

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • For a Part 8 claim not subject to costs budgeting, the listing questionnaire requires an ‘estimate of costs’. Is there any guidance on how detailed this estimate must be and what form it must take?

This question concerns a Part 8 claim which is not subject to the costs budgeting regime as contained in CPR 3. A Part 8 claim is automatically allocated to the multi-track, such that CPR 29 will apply. CPR 29.2 provides that, as well as giving directions for the case management of a claim, the court will fix the trial date as soon as practicable, and when it does so will specify the date by which the parties must file a pre-trial checklist (otherwise known as a listing questionnaire). Listing questionnaires are dealt with by CPR 29.6 and CPR PD 29, para 8. In essence, the form to be used is Form N170. Form N170 provides states:

‘legal representatives only: if no costs management order has been made. You must attach estimates of costs incurred to date, and your likely overall costs. In substantial cases, these should be provided in compliance with CPR.’

There is no guidance either within CPR 29 (and accompanying Practice Direction), nor in the form itself, as to the form such costs estimate should take.

This question asked what guidance there otherwise is on this subject. The answer is none. This is because it appears that the direction given in Form N170 is of no effect, save for cases commenced before April 201

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