The defendant costs specialists

New Precedent R budget discussion report

By on Apr 18, 2017 | 3 comments

I have previously commented on the problems caused by the Precedent R budget discussion report failing to distinguish between incurred and future estimated costs.

This has, in part, now been addressed by the amended Precedent R (available here).

This follows on from the new rules, that came into force on 6 April 2017, making it clear that costs management orders relate to future costs only.  The amended form expressly states:

“Note: include only budgeted costs”

Nevertheless, there remain two problems with the amended form:

  • It contains a “Pre action costs” phase. Why?  Such costs, by their very nature, can never be future budgeted costs.
  • CPR 3.15(2)(c) expressly states that when making a costs management order the court will: “record the extent (if any) to which incurred costs are agreed”. That being so, where in the form can one agree incurred costs?

Third time lucky Rules Committee?

    3 Comments

  1. I see that cell A3 contains a link to somebody’s Precedent H.

    Peter Burdge

    18th April 2017

  2. Haha love how you found that our Peter XD

    Danny

    18th April 2017

    • If you’re the Danny I suspect you are, you’ll know that for me no nit is too small to be picked!

      Peter Burdge

      19th April 2017

Leave a Reply to Peter Burdge Cancel reply

Your email address will not be published. Required fields are marked *