83RD Amendment to CPR

profile_helen_rutherford1 By Helen Rutherford

When does it come into effect? 6 April 2016

Amendments to Cost Management

  • Only the first page of Precedent H is to be exchanged and filed in cases where the value of the claims is under £50,000 or the costs are less than £25,000
  • Claims made on behalf of a child are excluded from cost management
  • Claims involving a limited or severely impaired life expectancy (5 years or less) will ordinarily have costs management disapplied
  • On low value claims the budget is to be filed with the Directions Questionnaire, otherwise 21 days before the first CCMC
  • Budget discussion reports must be filed 7 days before the CCMC
    • Using Precedent R is recommended
    • They must include details of what is agreed, what figures are not agreed and a summary of the grounds in dispute
  • New paragraph 7.10: ““7.10 The making of a costs management order under rule 3.15 concerns the totals allowed for each phase of the budget. It is not the role of the court in the cost management hearing to fix or approve the hourly rates claimed in the budget. The underlying detail in the budget for each phase used by the party to calculate the totals claimed is provided for reference purposes only to assist the court in fixing a budget.”.”

Practice direction 36A Offers to settle

  • This will be renamed “Practice Direction 36 Offers to settle”

Practice Direction 47

In paragraph 5.8 the following is added:

“(7) Where the case commenced on or after 1 April 2013, the bill covers costs for work done both before and after that date and the costs are to be assessed on the standard basis, the bill must be divided into parts so as to distinguish between costs shown as incurred for work done before 1 April 2013 and costs shown as incurred for work done on or after 1 April 2013.

(8) Where a costs management order has been made, the costs are to be assessed on the standard basis and the receiving party’s budget has been agreed by the paying party or approved by the court, the bill must be divided into separate parts so as to distinguish between the costs claimed for each phase of the last approved or agreed budget, and within each such part the bill must distinguish between the costs shown as incurred in the last agreed or approved budget and the costs shown as estimated.

(9) Where a costs management order has been made and the receiving party’s budget has been agreed by the paying party or approved by the court, (a) the costs of initially completing Precedent H and (b) the other costs of the budgeting and costs management process must be set out in separate parts

Summary

  • Important but not dramatic changes to cost budgeting
  • Minor and very unimportant change to the name of the Practice Direction 36A
  • Now have to split cost bills into Pre-April 2013 and post-April 2013 work
  • Bills on budgeted cases need to be split into costs claimed for each phase in the budget and again into what is was incurred at the last budget and what was estimated
  • Other changes to charging orders, forms, payments and the appeal practice direction (documents to be provided to he court reporter)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/83-Update-PD-Making-Document-83rd-Update-to-CPR.pdf

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: