Summary of the fundamental changes to Costs Management from 6 April 2016 and the new format Precedent H which must be filed

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 updated Precedent H (budget) and Precedent R (discussion report) are now on the MOJ website.  The changes to the Precedent H are:

  • 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 and 0113 336 3389, or the Clarion Costs Team on 0113 246 0622.

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