Workshop 5: Case management, costs management and and costs Flashcards
What type of track does the costs management regime apply to?
Multi track
Does the court have the discretion to apply or disapply when the cost management regime applies, even if it does or does not usually do so?
Yes
How many days before the the Cost Management conference are budgets filed and exchanged, budgets for claims relating to claim values above £50,000?
21 days
What two things do the parties indicate in the ‘budget discussion reports’?
- The agreed and disagreed figures for each phase of litigation
- A brief summary of the grounds of dispute
How many days before the Case/Cost Management conference is are the ‘budget discussion reports’ filed and exchanged?
7 days
What are the two actions the court can take following the Cost Management conference?
- Determine directions
- Make costs management order
What does a ‘Costs Management order’ indicate or show?
Indicates what should be considered reasonable and proportionate costs in later assessment proceedings
When should budgets relating to claim values of less than £50,000 be filed and exchanged?
With parties’ directions questionnaires
What is the ‘budget’ essentiallyy is the ‘budget’ important when speaking more widely about proceedings?
Because it is an estimate of reasonable and proportionate costs which a part intends to incur in the proceedings
The party usually hopes to recover these costs from the other side
What two things does the court consider at the ‘Costs Management Conference’?
- The parties budgets
- The budget discussion reports
Which circumstances may the courts depart from a party’s last approved costs budget?
When they are satisfied that there is a good reason to do so
What does departing from the costs budget mean?
Allowing costs in excess of those in the approved costs budget to be recovered
What two steps need to be taken in the event that costs budget needs to be revised (upwards or downwards)?
- Amended budget to be submitted to other parties for agreement
- Amended budget submitted to court for consideration
What is the name of the document prescribed specifically for variations when revising cost budgets?
‘Precedent T’
Can the corrections of inadequacies or mistakes in the preparation of a costs budget be excused generally?
No - this is generally not allowed
