Further to my previous blog on this point Forthcoming Changes I can confirm that the changes to the CPR made in the 83rd update only apply to cases commenced after 6 April 2016, as follows:
The transitional provision for the Practice Making Document is as follows:
The amendments made to Practice Direction 3 apply to proceedings commenced on or after 6th April 2016.
The transitional provisions for the Statutory Instrument are as follows:
23. The amendments made by rules 4 and 6 apply to proceedings commenced on or after 6th April 2016.
4. In the table of contents to Part 3, in the entry for rule 3.13, after “exchanging budgets”, insert “and budget discussion reports”; and
6. In rule 3.13—
(a) in the heading to that rule, after “exchanging budgets”, insert “and budget discussion reports”; and
(b) for rule 3.13, substitute—
“3.13.—(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—
(a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or
(b) in any other case, not later than 21 days before the first case management conference.
(2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.”
The transitional provisions for both the practice directions and the CPR are clear, it says that they apply to proceedings commenced after 6 April 2016.
Sue Fox is the Head of Costs Budgeting in the Costs and Litigation Funding department at Clarion Solicitors. You can contact her at firstname.lastname@example.org and 0113 336 3389, or the Clarion Costs Team on 0113 246 0622.