The new Guidance Notes on Precedent H have now been published following the update to PD3E para.7.4 (which came into force on 1 October 2019) which now defines budgeted and incurred costs as:
“a. Incurred costs are all costs incurred up to and including the date of the first costs management order, unless otherwise ordered.
b. Budgeted costs are all costs to be incurred after the date of the first costs management order.”
However, there are other significant amendments to the Guidance Notes. The most important being that trial brief fees are now to be placed in the “Trial preparation” phase rather than the “Trial” phase, although refreshers remain in the “Trial” phase.
This amendment is likely to trip up many. It will be interesting to see how lenient the courts are where the brief fee is placed in the wrong phase.
