Q&As

The defendant has failed to file a budget discussion report when one is required. Is the defendant taken to agree to the claimant's budget in full or are there any other sanctions that might apply?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/12/2018

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The defendant has failed to file a budget discussion report when one is required. Is the defendant taken to agree to the claimant's budget in full or are there any other sanctions that might apply?

Costs management was introduced following the Jackson reforms, with the aim of enabling the court to prevent civil litigation costs from spiralling in the course of the progression of the case. The provisions relating to costs management are contained in CPR Part 3, specifically CPR 3.12 to CPR 3.18 and CPR PD 3E. The provisions apply to all cases on the multi-track, save for certain specified exceptions (principally if the claim is valued at more than £10m). The court has the discretion to dispense with costs management but experience suggests that this is very much the exception.

CPR 3.13 provides that all parties, apart from litigants in person, must file a costs budget (in Precedent H) no later than 21 days prior to the first case manage

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