Week 5- Costs and Case Management

Question 1

In which 2 sets of circumstances will costs be summarily assessed?

Answer 1

1. At the end of fast-track trials
2. At the end of interim hearings lasting not more than one day.

Question 2

Describe the court’s discretion as to costs

Answer 2

When determining costs the court has discretion as to whether costs are payable by one party to another; the amount of those costs; and when they are to be paid (CPR 44.2(1)).

Question 3

In what cases will the costs management regime not apply?

Answer 3

1. **Small claims track, fast track or intermediate track **claims (i.e. only applies to multitrack cases).
2. Claims commenced on or after 22 April 2014 with value of £10m
   * where the amount of money claimed as stated on the claim form is £10 million or more.
   * which are for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and the claim form contains a statement that the claim is valued at £10 million or more.
   3) Claims commenced after 6 April 2016 made by or on behalf of a minor.
   4) Claims that are the subject of fixed costs or scale costs.

Question 4

What happens if you need to change your costs budget?

Answer 4

If significant developments in the litigation warrant a revision to a party’s budget (upwards or downwards), then:
1. An amended budget (Precedent T) should be submitted to the other parties for agreement if possible (using a form prescribed specifically for variations – (annexed to 3D PD); and
2. The amended budget then needs to be submitted to court for consideration.