Q&As

Must a costs estimate be attached to a listing questionnaire (pre-trial checklist) in a multi-track claim which is subject to costs budgeting?

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Published on LexisPSL on 12/12/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Must a costs estimate be attached to a listing questionnaire (pre-trial checklist) in a multi-track claim which is subject to costs budgeting?

Must a costs estimate be attached to a listing questionnaire (pre-trial checklist) in a multi-track claim which is subject to costs budgeting?

The pre-trial checklist, Form N170, requires, in section F, that various documents be attached and this includes an estimate of costs. However, at the top of the form is guidance for legal representatives only which states that if no costs management order (CMO) 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.’

In cases in which there is no CMO, CPR 29.6 or CPR PD 29, para 8, which deal with pre-trial checklists, do not provide any guidance as to form that a costs estimate should take. It appears that this is because the direction given in Form N170 is of no effect, save for cases commenced before April 2013. This is explained below.

For cases which commenced prior to 1 April 2013,

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