Q&As

Precedent T does not make provision for incurred costs when dealing with expert fees. How should I deal with them when making an application to revise my client’s costs budget?

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Published on LexisPSL on 06/11/2020

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

  • Precedent T does not make provision for incurred costs when dealing with expert fees. How should I deal with them when making an application to revise my client’s costs budget?

Precedent T does not make provision for incurred costs when dealing with expert fees. How should I deal with them when making an application to revise my client’s costs budget?

To date, we have yet to receive a response from the CPR Committee (CPRC) to our request for clarification as to the approach that should be taken in completing Precedent T when seeking a variation of a costs budget where that variation includes incurred costs.

CPR PD 3E was substantially updated, with effect from 1 October 2020, by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747. Among other things, a new Precedent T was introduced for the purpose of variation of a budget pursuant to CPR 3.15A. This rule provides that a party must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions (CPR 3.15A(1)) and any revised budget must be submitted promptly by the revising party to the other parties for agreement and subsequently to the court (CPR 3.15A(2)). If not agreed, the revising party must submit the particulars of variation to the court, together with the last approved or agreed budget, with an explanation of the points of difference if not agreed (CPR

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