The 83rd update to the CPR which will come into force on 6 April 2016 includes several changes which I have summarised in a previous blog Practical guide to the changes to the CPR – April 2016. However, I thought it would be helpful to identify the essential changes as follows:
- The budget will require filing 21 days before the CMC; or with the directions questionnaire if the value of the claim is worth less than £50,000.00;
- Parties MUST negotiate and file the budget discussion report (Precedent R);
- The new Precedent H must be used.
- The costs of the Costs Management process are identified separately;
- The assumptions are no longer on the front page of the Precedent H and are now included in the main body of the Precedent H;
- There is an expert fee summary contained within the main body of the Precedent H;
- The Precedent R is incorporated into the Precedent H.
The Precedent R is the document which must be filed following the now mandatory negotiations. This identifies those areas of the budget that have been agreed and those that remain in dispute; the reasons to support the disputed stages have to be included. The Precedent R can also be found on the MOJ website as a separate document.
Sue Fox is the Head of Costs Budgeting in the Costs and Litigation Funding department at Clarion Solicitors. You can contact her at email@example.com and 0113 336 3389, or the Clarion Costs Team on 0113 246 0622.