Q&As

In a costs budget, how should I deal with costs that have already been summarily assessed?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 01/10/2020

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • In a costs budget, how should I deal with costs that have already been summarily assessed?
  • Difficulties in dealing with summarily assessed costs
  • Provisions for interim applications
  • Conclusion

In a costs budget, how should I deal with costs that have already been summarily assessed?

This Q&A considers how are costs that have already been summarily assessed to be dealt with. Should they be excluded on the basis that a costs order has already been made or should they be included on the basis that their inclusion enables the judge considering the costs budget to see all the costs incurred to date in the proceedings which will assist in seeing whether the costs are reasonable and proportionate? It is based on the costs budgeting rules in place from 1 October 2020. for the position prior to that date, see: When completing a costs budget, how are costs that have already been summarily assessed to be dealt with? Should they be excluded on the basis that a costs order has already been made? Should they be included on the basis that their inclusion enables the judge considering the costs budget to see all the costs incurred to date in the proceedings as that will assist in seeing whether the costs are reasonable and proportionate?

Difficulties in dealing with summarily assessed costs

The costs management practice direction requires the cost budget to be in the form of Precedent H, unless the court otherwise orders (CPR PD 3E, para 4 (a) and (b)). What each phase can include is set

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