Q&As

What considerations are there, or specific procedures to follow, when preparing a costs budget when the opponent is a litigant in person?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 11/08/2016

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • What considerations are there, or specific procedures to follow, when preparing a costs budget when the opponent is a litigant in person?
  • How do the Rules differ?
  • How does practice differ?
  • Is costs management less likely to be carried out if one of the parties is a litigant in person?
  • What other considerations are there?

What considerations are there, or specific procedures to follow, when preparing a costs budget when the opponent is a litigant in person?

How do the Rules differ?

CPR 3 and CPR PD 3E set out the key information governing the costs management regime.

CPR 3.12 outlines the general rule of when a cost budget is required and a number of exceptions to that rule:

‘(1) This Section and Practice Direction 3E apply to all Part 7 multi-track cases, except—

(a) where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or

(b) where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or

(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or

(d) where the proceeding are the subject of fixed costs or scale costs; or

(e) the court otherwise orders.’

CPR 3.13 deals with the

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