Costs budgeting and costs management

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Latest PI & Clinical Negligence News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The operation and future of Practice Direction 3D and the Asbestos List

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on The operation and future of Practice Direction 3D and the Asbestos List

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Featured PI & Clinical Negligence content

Pain, suffering and loss of amenity

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

Produced in partnership with Andrew Wilson 19th May

Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...

19th May

Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...

19th May

Practice notes

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May

Practice notes

Product liability—claims in negligence

Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...

19th May

Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...

Produced in partnership with David Willink of Lamb Chambers 19th May

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...

Produced in partnership with Louise Thomson 19th May

Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...

Produced in partnership with David Sawtell of 39 Essex Chambers 19th May

Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...

Produced in partnership with David Green of 12 King's Bench Walk 19th May

Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...

19th May

Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

19th May

Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...

19th May

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...

Produced in partnership with Louise Thomson 19th May

Practice notes

Contributory negligence in road traffic accidents

Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...

19th May

Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...

19th May

Most recent Costs budgeting and costs management content

Q&As

Where can I access the old rules on costs budgeting in Part 3 and practice direction 3E that were in force until 30 September 2020?

Where can I access the old rules on costs budgeting in Part 3 and practice direction 3E that were in force until 30 September...

1st Aug

Q&As

Can we change the date to file a costs budget?

Can we change the date to file a costs budget? The provisions in the CPR are very clear that a costs budget needs to be filed by the date set out by...

1st Aug

Q&As

For a Part 8 claim not subject to costs budgeting, the listing questionnaire requires an ‘estimate of costs’. Is there any guidance on how detailed this estimate must be and what form it must take?

For a Part 8 claim not subject to costs budgeting, the listing questionnaire requires an ‘estimate of costs’. Is there any guidance on how detailed...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug

Q&As

Where the defendant fails to file a costs budget, does the claimant still need to file a budget discussion report and if so, how should this be completed?

Where the defendant fails to file a costs budget, does the claimant still need to file a budget discussion report and if so, how should this be...

Produced in partnership with James Tunley of Lamb Chambers 1st Aug

Q&As

Where a claimant makes a Part 36 offer and the judgment is ‘at least as advantageous’ as the offer, are costs budgets relevant when determining the claimant's costs?

Where a claimant makes a Part 36 offer and the judgment is ‘at least as advantageous’ as the offer, are costs budgets relevant when determining the...

1st Aug

Q&As

What is the time for filing a costs budget in a case involving a non-monetary claim? Does it fall under CPR 3.13(1)(a) or CPR 3.13(1)(b)?

What is the time for filing a costs budget in a case involving a non-monetary claim? Does it fall under CPR 3.13(1)(a) or CPR 3.13(1)(b)?This Q&A...

Produced in partnership with James Tunley of Lamb Chambers 1st Aug

Q&As

Where a Notice of Proposed Allocation to the Fast Track is received but we are proposing multi-track in our Directions Questionnaire, do we need to file a costs budget with the Directions Questionnaire or should we wait for a date for a County Court money claim and then file a budget no later than 21 days before hand?

Where a Notice of Proposed Allocation to the Fast Track is received but we are proposing multi-track in our Directions Questionnaire, do we need to...

1st Aug

Q&As

What are the consequences for a litigant in person of failing to serve a Precedent R directed by court order? Can you apply for relief from sanctions in such case or are there other options available?

What are the consequences for a litigant in person of failing to serve a Precedent R directed by court order? Can you apply for relief from sanctions...

1st Aug

Q&As

Where parties have agreed each other’s costs budgets and one party then realises they have provided insufficient costs estimates are there any circumstances in which a court is likely to grant upwards revision of budgets arising purely from error? There have been no significant developments in the proceedings.

Where parties have agreed each other’s costs budgets and one party then realises they have provided insufficient costs estimates are there any...

1st Aug

Q&As

Where can I find the documents that set out the October 2020 changes to CPR 3 and CPR PD 3E?

Where can I find the documents that set out the October 2020 changes to CPR 3 and CPR PD 3E?A number of changes came into force on 1 October 2020 that...

1st Aug

Q&As

How is Precedent H completed for costs to cover the costs of a pre-issue application for an injunction and the costs of dealing with an application for relief from sanctions application in respect of a late defence?

How is Precedent H completed for costs to cover the costs of a pre-issue application for an injunction and the costs of dealing with an application...

1st Aug

Q&As

Is there a requirement to file a Precedent H form when filing the directions questionnaire for a fast track matter?

Is there a requirement to file a Precedent H form when filing the directions questionnaire for a fast track matter?The key provision is set out in CPR...

1st Aug

Q&As

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at what point in the proceedings do the parties have to produce costs budgets?

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at...

Produced in partnership with Chris Adams of Gosschalks 1st Aug

Q&As

Court directions in the fast track set out the date for filing a costs budget. There were no directions for a costs management conference or fling of a Precedent R. When must the parties file and serve their Precedent R?

Court directions in the fast track set out the date for filing a costs budget. There were no directions for a costs management conference or fling of...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 1st Aug

Q&As

In multi-track Part 7 proceedings for relief, where summary judgment is not applicable, where one of the exceptions in CPR 3.12 does not apply and there is no court order, are the parties obliged to file costs budgets 21 days prior to the first court hearing if the order calls it some directions hearing rather than a case management conference?

In multi-track Part 7 proceedings for relief, where summary judgment is not applicable, where one of the exceptions in CPR 3.12 does not apply and...

Produced in partnership with Daniel Gill of Clarke Willmott LLP 1st Aug

Q&As

In a case where the costs are over £25k but value of the claim and counterclaim combined are less than £50k do I need to file only the front page of Precedent H or is a full budget required?

In a case where the costs are over £25k but value of the claim and counterclaim combined are less than £50k do I need to file only the front page of...

1st Aug

Q&As

When should I file my Precedent H where there is no direction and no case management conference?

When should I file my Precedent H where there is no direction and no case management conference?Are you covered by the costs budgeting regime?First...

1st Aug

Q&As

What impact does a costs budget have on the costs a solicitor can incur on behalf of their client? Can you bill more than provided for in the costs budget which has been approved by the court? Is it the case that incurred costs are dealt with by detailed assessment, but the budget costs define the anticipated (budgeted) costs for the rest of the litigation?

What impact does a costs budget have on the costs a solicitor can incur on behalf of their client? Can you bill more than provided for in the costs...

1st Aug

Q&As

Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?

Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person...

Produced in partnership with Alex Bagnall of Total Legal Solutions 1st Aug

Q&As

The other side want us to agree an increase to their costs budget for their incurred costs. What is the correct approach given we think these are disproportionate?

The other side want us to agree an increase to their costs budget for their incurred costs. What is the correct approach given we think these are...

1st Aug

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Costs budgeting and costs management

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The operation and future of Practice Direction 3D and the Asbestos List

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Featured PI & Clinical Negligence content

Pain, suffering and loss of amenity

Past loss of earnings

Motor claims in the Portal—a practical guide (Stage 1)

Time limits under the Limitation Act 1980—personal injury claims

Most recent Costs budgeting and costs management content

Popular documents

Enquiries before contract

SRA Code of Conduct for individuals and firms

Indemnity costs orders—principles

Negligence—key elements to establish a negligence claim

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