Q&As

If a costs budget is filed one day late do the sanctions in CPR 3.14 apply?

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Published on LexisPSL on 19/04/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • If a costs budget is filed one day late do the sanctions in CPR 3.14 apply?

If a costs budget is filed one day late do the sanctions in CPR 3.14 apply?

The position is that a failure to file a costs budget (Precedent H) on time will result in the sanctions in CPR 3.14 applying ie the party will be treated as having filed a budget which will only provide for recovery of court fees.

The court may take a more lenient approach and make a different order, for example making an adverse costs order rather than imposing the sanction. However, the party that filed the costs budget late will need to make an application for relief from sanctions for that to happen. That application is made under CPR 3.14 not CPR 3.9 as set by the Court of Appeal in Denton at para [45] where it was noted that:

‘In most cases, the question whether to relieve a party who has failed to file a costs budget in accordance with CPR 3.13 from the CPR 3.14 sanction will therefore be dealt with under CPR 3.14. That did not happen in the present case. That is why the question of relief from

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