New Precedent Q
CPR 47.6 is amended from 1 October 2015 such that the documents to be served when commencing detailed assessment will now include:
“if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings”
(The new Model Precedent Q can be found on this link showing the format of the breakdown.)
The fact the requirement to serve the breakdown only arises when a costs management order has been made is, perhaps, odd. I wonder if the rule committee overlooked PD 44 para.3.4:
“On an assessment of the costs of a party, the court … may have regard to any other budget previously filed by that party, or by any other party in the same proceedings. Such other budgets may be taken into account when assessing the reasonableness and proportionality of any costs claimed.”
Given the accuracy of budgets is meant to be considered by phase, there equally seems to be a need for a breakdown whenever a budget has been served, regardless of whether a costs management order has been made.