Costs budget (Precedent H) and budget discussion report (Precedent R)
| Published date | 21 March 2018 |
| Subject Matter | County Court forms |
UPDATED:
pursuant to decisions of the Civil Procedure Rule Committee on 09-11-18
followed by the inclusion of a new paragraph 10 at its meeting on 05-04-19
to support the changes within the 109th PD Update which came into effect on 01-10-19
1
GUIDANCE NOTES ON PRECEDENT H
1. Where the monetary value of the case is less than £50,000 [or the costs claimed are less than
£25,000] the parties must only use the first page of Precedent H.
2. Save in exceptional circumstances, the parties are not expected to lodge any documents other
than Precedent H and the budget discussion report. Both are available in Excel format on the
MOJ website with PD 3E. If the Excel format precedent on the MOJ website is used, the
calculation on page one will calculate the totals automatically and the phase totals are linked
to this page also.
3. This is the form on which you should set out your budget of budgeted costs in accordance with
CPR Part 3 and Practice Direction 3E. In deciding the reasonable and proportionate costs of
each phase of the budget the court will have regard to the factors set out at Civil Procedure
Rules 44.3(5) and 44.4(3) including a consideration of where and the circumstances in which
the work was done as opposed to where the case is heard.
4. This table identifies where within the budget form the various items of work, in so far as they
are required by the circumstances of your case, should be included. The time estimated may
have to be justified on the budget hearing along with the grade of fee earner doing the work.
5. Allowance must be made in each phase for advising the client, taking instructions and
corresponding with the other party/parties and the court in respect of matters falling within
that phase.
6. The ‘contingent cost’ sections of this form should be used for anticipated costs which do not
fall within the main categories set out in this form. Examples might be the trial of preliminary
issues, applications to amend, applications for disclosure against third parties or (in libel cases)
applications re meaning. Only include costs which are more likely than not to be incurred.
Costs which are not anticipated but which become necessary later are dealt with in paragraph
7.6 of PD3E.
7. Any party may apply to the court if it considers that another party is behaving oppressively in
seeking to cause the applicant to spend money disproportionately on costs and the court will
grant such relief as may be appropriate.
8. Assumptions:
a. The assumptions that are reflected in this guidance document are not to be repeated.
Include only those assumptions that significantly impact on the level of costs claimed
such as the duration of the proceedings, the number of experts and witnesses or the
number of interlocutory applications envisaged. Brief details only are required in the
box beneath each phase. Additional documents are not encouraged and, where they
are disregarded by the court, the cost of preparation may be disallowed, and
additional documents should be included only where necessary.
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