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ACL - Unit 3 > Costs Pleadings - Process > Flashcards

Costs Pleadings - Process Flashcards

1
Q

PD/Para: Definition of documents giving rise to right to assessment of costs

A

PD47 Paragraph 13.3

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2
Q

PD/Para: Sets out contents on bill (title page, background, items, summary, schedules, certificates)

A

PD47 Paragraph 5.7

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3
Q

PD/Para: Bill may be split into parts

A

PD47 Paragraph 5.8

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4
Q

PD/Para: Sets out items for title page (Full title of proceedings, name of parties, VAT number, authority)

A

PD47 Paragraph 5.10

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5
Q

PD/Para: Sets out required background information (description and status of legal reps)

A

PD47 Paragraph 5.11

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6
Q

PD/Para (range - 11 paragraphs): Sets out heads of costs and detail required

A

PD47 Paragraph 5.12-5.22

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7
Q

CPR: Paying party may dispute any item in the bill by serving Points of Dispute

A

CPR 47.9(1)

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8
Q

CPR: Period for serving Points of Dispute is 21 days after service of Notice of Commencement

A

CPR 47.9(2)

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9
Q

CPR: Only items specified in the Points of Dispute may be raised at a hearing

A

CPR 47.14(6)

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10
Q

CPR: Receiving party may file request for Default Costs Certiifcate 21 days after Notice of Commencement if no Points of Dispute served

A

CPR 47.9(4)

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11
Q

CPR: Application for Default Costs Certificate is made on Form N254, will include order to pay costs for the certificate and applicable fixed costs, fixed sum payable is £80 (in addition to Court fee - currently £71)

A

CPR 47.11(1, 2 and 3)

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12
Q

Case: Points of dispute may be disallowed if insufficiently particularised

A

Ainsworth v Stewarts Law LLP 2020

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13
Q

Case: Setting aside a Default Costs Certificate should not be a routine administrative matter

A

Masten v London Britannia Hotel Ltd 2020

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14
Q

Case: Delay in making application to set aside Default Costs Certificate without good reason resulted in certificate not being set aside

A

National Bank of Kazakhstan v Bank of New York Mellon 2021

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15
Q

CPR: Must file for DA hearing within 3 months after date for requesting costs assessment arises

A

CPR 47.14

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16
Q

PD/Para: Application for detailed assessement by Form N258, with Bill, Authority, Points of Dispute, Replies, and evidence

A

PD47 Paragraph 13.2

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17
Q

CPR: Practice Direction 3e applies to all multi-track except (a) Claim worth £10m or more, (b) Claim made on behalf of a minor, (c) Subject to fixed costs, (d) Court orders otherwise

A

CPR 3.12(1)

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18
Q

CPR: Purpose of Costs Management is to further overriding objectives

A

CPR 3.12(2)

19
Q

CPR: Unless otherwise ordered or litigant in person, all parties must file and exchange budgets (with DQ if less than £50,000 or 21 days before first CCMC otherwise), also Budget Discussion reports filed 7 days before first CCMC

A

CPR 3.13

20
Q

CPR: If a party fails to file a budget when required to do so, treated as filing a budget for applicable Court fees only

A

CPR 3.14

21
Q

CPR: Court may make a Costs Management Order

A

CPR 3.15

22
Q

CPR: A Costs Management Order will record budgeted costs agreed between parties, further costs approved by Court and where incurred costs may be agreed

A

CPR 3.15(2)

23
Q

CPR: The Court may record comments on incurred costs on a Costs Management Order (or any other Order arising from Case Management), to be considered at a later assessment

A

CPR 3.15(4)

24
Q

Case: Budget was incomplete as party anticipated a further CCMC, sanctions were lifted in relation to phases of the agreed budget

A

Page v RGC Restaurants 2018

25
Q

Case: Contingencies only to be included in the budget if they are likely to occur; also elements within the Phases to be considered

A

Yeo v Times Newspapers 2015

26
Q

PD/Para: Budget Discussion Report contains figures agreed for each phase, figures not agreed, brief summary of grounds of dispute

A

PD 3E Paragraph 6A

27
Q

CPR: Any hearing which is convened solely for Costs Management is a “Costs Management Hearing”, may address application to amend, and approach to budgeted costs

A

CPR 3.16

28
Q

Case: CMC is the forum for debate of quantum of costs, both incurred and future

A

SARPD Oil v Addax Energy 2016

29
Q

Case: Court may account for excessive incurred costs when approving anticipated further costs

A

Redfern v Corby BC 2014

30
Q

PD/Para: No detailed assessment of budgeted costs, but consider if reasonable and proportionate

A

PD3E Paragraph 12

31
Q

Case: Budget is not detailed asssessment in advance, but set upon what is what is reasonable and proportionate

A

Merrix v Heart of England NHSFT 2017

32
Q

CPR: There is a mandatory duty to revise the budget if there are significant developments, process initiated by submission of revised budgets, a Precedent T served on all parties including Costs of the Development only, certified not to include costs addressed by any previous budget

A

CPR 3.15A

33
Q

Case: Court may take a dim view of amending an approved budget without good reason

A

Murray v Neil Dowlman Architecture 2013

34
Q

Case: Application to amend after judgement is a contradiction and not allowed, should vary immediately if exceeding budget for good reason

A

Elvanite Full Circle v AMEC Earth and Environmental 2013

35
Q

Case: There will be sanctions for not making an application to amend, though not disproportionate sanctions

A

Simpson v MGN 2015

36
Q

Case: Interim applications may be a significant development, incurred costs should not be amended

A

Sharp v Blank 2017

37
Q

Case: Entitled to revise if development is not foreseeable (Disclosure much greater than anticipated)

A

Al-Najar v The Cumberland Hotel 2018

38
Q

Case: Not every significant development will warrant a revision

A

Persimmon Homes Ltd v Osborne Clark 2021

39
Q

PD/Para: If there is a Costs Management Order, there is a rebuttable presumption that expenditure of sums within the budget are reasonable, require good reason to depart

A

PD44 Paragraph 3.2

40
Q

Case: There should be no assessment of budgeted costs without good reason

A

Harrison v University Hospitals Coventry and Warwickshire 2017

41
Q

Case: A change of rates claimed to preserve the indemnity principle is good reason to depart

A

Merrix v Heart of England NHSFT 2017

42
Q

Case: A reduction of hourly rates for incurred costs does not mean reduction of budgeted costs

A

Nash v Ministry of Defence 2018

43
Q

Case: Reduction of hourly rates for incurred is not good reason to depart, lower claim value is not good reason to depart

A

Jallow v Ministry of Defence 2018

44
Q

Case: Indemnity principle is good reason - can challenge other sums within phase

A

Barts Health NHST v Hilrie Rose Salmon 2019

ACL - Unit 3 (6 decks)

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