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16 November 2012 / Richard Langley
Issue: 7538 / Categories: Features , Profession
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Costs calamity

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Why should you have to sue in the Commercial Court to avoid costs budgeting, asks Richard Langley

The latest attempt to control litigation costs is fast on its way and the profession is seemingly sleepwalking its way towards it.

Ignorance is not bliss

On 1 April 2013, CPR Pt 3 will be amended to introduce costs budgeting to all multi-track cases in the High Court and county courts, the only exception being the Commercial (and Admiralty) Courts. This is a really significant change that it will not be safe to ignore.

CPR 3.14 will provide that any party which fails to file a budget shall be treated as having filed a budget comprising only the applicable court fees. On any subsequent assessment, the court will not depart from the budget, ie nothing for solicitors and counsel, unless satisfied that there is good reason to do so.

There can be no doubt, therefore, that most parties will dutifully comply; and solicitors will labour over the completion of Precedent H (“in landscape format with at least

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