2 December, 2013
Filed UnderLegal Costs
The following question and answer appeared in the Judicial Line section of the recent edition of New Law Journal:
Q Is there power for the court to apply the multi-track costs budget regime to pre-1 April 2013 claims?
A The costs management powers in the CPR (r 3.12 et seq) only apply to multi-track cases commenced on or after 1 April 2013. However, nothing prevents a judge in the exercise of his general case management powers from ordering the filing of costs budgets if they were so minded. The order would need to expressly provide for the sanction for non-compliance.
I am not sure the need for the sanction to be expressly provided for in the order is still correct in light of Mitchell v News Group Newspapers Ltd  EWCA Civ 1526. In that case the claimant had failed to comply with the rule requiring the filing of the costs budget 7 days before the CMC, the pilot scheme contained no sanction, but the Court of Appeal nevertheless held that applying the sanction (costs limited to court fees) was appropriate.