Q&As

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?

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Published on LexisPSL on 03/03/2015

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

  • What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?

The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction provides otherwise:

  1. CPR 46.11(2) provides: 'once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise'

  2. CPR PD 46, para 7.1(2) provides: 'where a claim has been allocated, the special rules which relate to that track will apply to work done before as well as after allocation save to the extent (if any) that an order in respect of that work was made before allocation'

CPR

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