QUICK REMINDER OF NEW COSTS BUDGETING RULES COMING INTO FORCE TODAY: INCURRED COSTS INCLUDE THE COSTS OF THE CCMC

Part of the 109th update to the Civil Procedure Rules came into force today.  A quick reminder that, from today, there is a change in the way that the courts approach the costs of the CCMC itself.

 

INCURRED COSTS – INCLUDE THE COSTS OF THE CCMC

A slight change in the wording of Practice Direction 3E on costs management makes it clear that the costs of the CCMC include incurred costs.

In paragraph 7.4, in the first sentence, for “before the date of any” substitute “up to and including the date of the”.

BEWARE OF THE ONLINE VERSION

Beware because the version of the Practice Direction available online does not reflect this change.   It still reads

7.4  As part of the costs management process the court may not approve costs incurred before the date of any costs management hearing. The court may, however, record its comments on those costs and will take those costs into account when considering the reasonableness and proportionality of all budgeted costs.