Q&As

Where there is a notice of proposed allocation to the fast track, should Precedent H be filed with the directions questionnaire (costs exceed £25,000) or should the parties wait until the court has determined allocation to see if Precedent H is required?

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Published on LexisPSL on 02/05/2018

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

  • Where there is a notice of proposed allocation to the fast track, should Precedent H be filed with the directions questionnaire (costs exceed £25,000) or should the parties wait until the court has determined allocation to see if Precedent H is required?
  • A—Is a costs budget required in the fast track?
  • B—failure to file a costs budget
  • C—would a costs budget required if the matter proceeded in the multi-track?
  • D—what type of costs budget would need to be filed?

Where there is a notice of proposed allocation to the fast track, should Precedent H be filed with the directions questionnaire (costs exceed £25,000) or should the parties wait until the court has determined allocation to see if Precedent H is required?

We have assumed that the case is valued at between £10,000 and £25,000 given the proposed track allocation.

A—Is a costs budget required in the fast track?

There is no mandatory requirement to file a costs budgets where a matter proceeds in the fast track. The relevant provision is CPR 3.12 which provides:

‘(1A) This Section and Practice Direction 3E will apply to any other proceedings (including applications) where the court so orders.’

The provisions in CPR PD 3E, para 2 also state that the court has a discretion whether to make an order requiring costs budgets to be filed. A costs budget will therefore only be required in a fast track case if the court makes an order that the costs management regime will apply to the proceedings.

The court can order that the costs management regime apply in any case (CPR 3.15(1)). The court can also order that the costs management regime should not apply if it is satisfied that the litigation could be conducted justly and at proportionate costs in accordance with the overriding objective (CPR 3.15(2)).

We have not been able to find any authority

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