Costs budget for pre-1 April 2013 cases

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 [2013] 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.

5 thoughts on “Costs budget for pre-1 April 2013 cases

  1. In the event that the court does order filing of budgets in a pre-1 April 2013 case, how will it deal with the old proportionality rule which applies to such a case?

  2. why is this news? courts in the NW & Midlands have already been doing this on CMC’s since April

  3. I only deal with costs in the supreme court or multi billion pound international test litigation these days.

    I wouldnt lower myself to entertain the midlands or north west county courts….

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