Q&As

Where the court has ordered the defendant to pay the costs of an application, to be summarily assessed, do these costs need to be added into the costs budget as estimated or incurred costs?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 24/08/2020

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 the court has ordered the defendant to pay the costs of an application, to be summarily assessed, do these costs need to be added into the costs budget as estimated or incurred costs?

Where the court has ordered the defendant to pay the costs of an application, to be summarily assessed, do these costs need to be added into the costs budget as estimated or incurred costs?

It is assumed the costs of the interim application have been summarily assessed and that no further costs in respect of that application are to be incurred.

There is no clear answer to this question in either the Rules/Practice Direction or the Precedent H Guidance. However, as a matter of analysis, it seems to be the case that these costs should not be claimed in a budget at all.

Interim applications do not form part of any of the ‘main’ phases of a costs budget. In such circumstances, if these costs were to be included in a budget, the only section in which

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