As discussed at the CPRC meeting last month, two draft costs budgeting pilots have now been prepared in respect of:
- Business and Property Court (BPC) cases; and
- Certain other cases valued at under £1m.
A new Precedent costs form (modelled on the existing Precedent H) has been drafted and approved in principle.
Each pilot maintains the exclusions set out in CPR 3.12 (claims of £10m or more and claims brought by children).
The draft BPC Practice Direction provides for where the court does not make a CMO and allows court discretion, incorporating “unless the court orders otherwise” in the interests of clarity.
The BPC Pilot is intended to cover BPC of England and Wales (i.e. the Rolls Building) and at least two BPC District Registries (including Business and Property work in the county courts in those District Registries).
The non-BPC under £1m pilot mirrors the BPC under £1m position.
Various implementation issues, including the pilot courts, numbering of the Precedent and Practice Direction, and the commencement and duration of the pilots are yet to be finalised.