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CPR and Practice Directions: Amendments in force on 6 April

CPR and Practice Directions: Amendments in force on 6 April

Postby TimothyP » Thu Mar 17, 2016 8:18 am

Amendments to the Civil Procedure Rules and Practice Directions come into force on 6 April 2016.

Practice Direction 47 is amended. The new requirements are, in brief, that a bill of costs “must” be split as at 1 April 2013 and that, in a budgeted case, the bill must be phased and split as per the budget (so as to show costs that were in the budget as “incurred” separately from those that were in the budget as “estimated”).

The “New Bill of Costs Pilot Scheme” at Practice Direction 51L (which permit the use of bills using J-codes at the SCCO in London) is extended for another six months until 30 September 2016 – so bills using J-codes will continue to be optional there.

There is a new version of the cost budget form Precedent H – at this link:
http://www.justice.gov.uk/downloads/cou ... -2016.xlsx

There is a new version of the Guidance Notes on Precedent H – at this link:
https://www.justice.gov.uk/downloads/co ... e-note.pdf

Practice Direction 3E about costs management (budgeting) is also amended.

Full details of all the changes are available via this link:
https://www.justice.gov.uk/courts/procedure-rules/civil

A handy summary of the changes to cost budgeting is at this link:
https://h-f.co.uk/knowledge/significant ... ext-month/
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Re: CPR and Practice Directions: Amendments in force on 6 Ap

Postby dls » Sat Mar 19, 2016 8:24 pm

Thank you
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Cost Budgeting changes do not apply to ongoing proceedings

Postby TimothyP » Wed Apr 20, 2016 7:35 am

Transitional provisions on page 17 of the 83rd Update to the Civil Procedure Rules (also known as the PD Making Document) https://www.justice.gov.uk/courts/proce ... to-CPR.pdf provide that “The amendments made to Practice Direction 3 apply to proceedings commenced on or after 6th April 2016” - so the new version of the Cost Budget form Precedent H does not apply to ongoing proceedings.



The pre-April 2016 version of CPR 3.13 provided that the time for filing and exchanging budgets is:
By the date specified in the Notice of Proposed Allocation to the Fast Track; or, if no such date is specified,
Seven days before the first Case Management Conference.

The new version of CPR 3.13 provides that the time for filing and exchanging budgets is:
(a) where the claim is less than £50,000, with the Directions Questionnaire; and
(b) in any other case, at least 21 days before the first Case Management Conference.
The new version also introduces a requirement for parties to "file an agreed budget discussion report" at least 7 days before the first case management conference.

This amendment is implemented by section 6 of the Civil Procedure (Amendment) Rules 2016 http://www.legislation.gov.uk/uksi/2016 ... cle/6/made so, under the transitional provisions in section 23 of the Civil Procedure (Amendment) Rules 2016 http://www.legislation.gov.uk/uksi/2016 ... le/23/made, the amendment applies to proceedings commenced on or after 6 April 2016 – not to ongoing proceedings.
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