Costs Budgeting’s ‘First Birthday’: 2014 Update - Tom Gibson, Outer Temple Chambers

15/05/14. As costs budgeting passed its ‘first birthday’ in April 2014, this article summarises the recent CPR updates and case law in the area. It also contains some practical tips for this relatively new area of law.
Form of costs budgets (update your precedents!): Paragraph 2.2A of PD 22, which contains the wording for a costs budget’s statement of truth, has been changed. The old wording (which spoke of costs a “client will incur”) was criticised as being inappropriate for clients who funded their cases by CFAs or damages based agreements.
The new wording for the costs budget statement of truth is:
“This budget is a fair and accurate statement of incurred and estimated costs which it would be [reasonable and] proportionate for my client to incur in this litigation.”
No more [Statement of Truth] strike outs: As reported earlier...
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