Budgets/Costs Capping/Test for appealing to COA

Question 1

Filing and exchanging budgets and budget discussion reports

Answer 1

3.13(1) - Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets -
a) stated value of CF is less than £50k; or
b) not later than 21 days before the first CMC

Question 2

Test for SJ

Answer 2

No real prospect of succeeding on claim, defence or issue AND there’s no other compelling reason why the case or issue should be disposed of at trial

Question 3

Test for appealing to COA?

Answer 3

No real prospect of success and raises an important point of principle or practice or there is some other compelling reason for the court to hear it.

Question 4

Costs Capping

Answer 4

The court will make a costs capping order only in exceptional circumstances.
An application must be made as soon as possible, preferably before or at the first CMC or shortly afterwards.
The stage which the proceedings have reached at the time of the application will be one of the factors the court will consider when deciding whether to make a costs capping order.