Q&As

Who should be signing the Statement of Costs in compliance with CPR PD 44, para 9.5(3) and is there any relevant case law/guidance?

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Published on LexisPSL on 17/08/2017

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

  • Who should be signing the Statement of Costs in compliance with CPR PD 44, para 9.5(3) and is there any relevant case law/guidance?

Who should be signing the Statement of Costs in compliance with CPR PD 44, para 9.5(3) and is there any relevant case law/guidance?

The statement of costs must be signed by the party or the party’s legal representative, under CPR PD 44, para 9.5(3), see Practice Note: Summary assessment—statement of costs.

A similar restriction applies to a person who can sign a costs budget under CPR PD 3E, in that costs budgets must be signed by a party’s ‘senior legal representative’. This was the subject of discussion in the Queen’s Bench Division of the High Court in the case of Americhem Europe Limited v Rakem Ltd. In this case, it was being argued that the person who had signed the costs budget was not a ‘senior legal representative’ of the defendant and that this rendered the Precedent H which had been signed by him a nullity. The court disagreed.

Firstly, Stuart-Smith J found that there is no definition of ‘senior legal representative’ in the Practice Direction or in the CPR and remarked that neither the barristers appearing before him nor he on his own research had been able to find any authority on the point.

CPR 2.3(1) does, however, provide a definition of ‘legal representative’, defining it as a:

  1. barrister

  2. solicitor

  3. solicitor’s employee

  4. manager of a body recognised under section 9 of the Administration of Justice Act 1985

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