Q&As

Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 07/08/2019

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:

  • Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?

Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?

It is assumed that the claim will inevitably be allocated to the multi-track; the stated value of the claim on the claim form is not less than £50,000; no specific direction for costs budgets was made by the court; and the case had not yet been allocated.

Defined terms used in this response:

  1. CCMC—Costs and Case Management Conference

  2. CMC—Case management Conference

The deadline for filing and exchanging costs budgets is prescribed by CPR 3.13:

‘(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—

(a) where the stated value of the claim on the

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