Page 4 - Inside Law Magazine Issue 10 - Spring 2015
P. 4

Happy
       Birthday?

                           So, Lord Jackson’s baby is almost two years old.

                                                                               Like all new offspring the first couple of years have been challeng-
                                                                               ing in places and positively difficult in others. There were some
                                                                               teething pains after the first few months and now he seems to finally
                                                                               be finding his feet, albeit rather tentatively.
                                                                               The changes to CPR Part 3 that incorporate costs management are
                                                                               nearing their second birthday. So how does the process work in practice
                                                                               and what has been learnt in the intervening period? Costs management
                                                                               is dealt with under CPR3.12 – 3.21 together with its attendant Practice
                                                                               Direction. The Court now manages the parties’ costs by way of a Costs
                                                                               Management Order (CMO) in cases that fall within the Multi-track and
                                                                               that were issued after the 1st April 2013. There remain exclusions to
                                                                               this, but only in cases that were commenced post 21st April 2014 and
                                                                               the amount claimed is £10 million or more.
                                                                               Upon the filing of Defence, the Court issue a Part 26 (9) Notice. The
                                                                               process for allocation to track is contained within CPR 26.7 and 26.8.
                                                                               This Court issued notice is now in its third incarnation and looks (at last)
                                                                               to be reflective of the requirements under CPR 3.13, which provide that
                                                                               the parties “must file and exchange budgets as required by the rules or
                                                                               as the Court otherwise directs”. If a date is specified within the Part 26
                                                                               Notice the parties “must” (and this is the operative word) file and serve
                                                                               their budgets by this date and failing the issue of a notice by seven days
                                                                               before the first case management conference.

4 Inside Law Issue 10 | Spring 2015
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