Costs Management Orders

Question 1

Which CPR gives the Court power to manage the parties costs?

Answer 1

CPR 3.15 (1)

Question 2

When Budgets are filed what will the Court do and which CPR?

Answer 2

CPR 3.15 (2)
Budget filed Court will make CMO
UNLESS it considers the matter can be conducted ‘justly and proportionately’ without one.

Question 3

What does CPR 3.15 (2) state:

Answer 3

CPR 3.15 (2) The CMO Will record:
1) the extent to which incurred costs are agreed
2) the extent to which budgeted costs are agreed
3) the approval of budgeted costs once revised

Question 4

What can the Court control once a CMO is made and which CPR?

Answer 4

CPR 3.15 (3)
Once a CMO has been made the Court can control the parties budgets in respect of recoverable costs

Question 5

What does CPR 3.15 (4) allow

Answer 5

CPR 3.15 (4) allows the Court to record on the face of the order any comments in regards incurred costs

Question 6

What does CPR 3.15 (4) allow

Answer 6

CPR 3.15 (4) allows the Court to record on the face of the order any comments in regards incurred costs to be taken into account at the D.A

Question 7

What should the Court be concerned with when making a CMO and what should it not be, which CPR?

Answer 7

CPR 3.15 (8)
The CMO concerns ONLY PHASED TOTALS, any detail in the Budget is for reference only and it’s not the role of the Court to fix or approve hourly rates.

Question 8

Which case confirms CPR 3.15 (8)

Answer 8

Yirenkyi v MOD 2018

A master erred in principle approving specific hours & expressly reserving matters such as hourly rates to the DA

Question 9

In which case did:
A master erred in principle approving specific hours & expressly reserving matters such as hourly rates to the DA

Answer 9

Yirenkyi v MOD 2018

Question 10

What does CPR 3.16 say about the CMC

Answer 10