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19 September 2013 / John O'Hare
Issue: 7576 / Categories: Features , Procedure & practice , Costs
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Drafting matters

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John O’Hare's 10-point guide to drafting a costs budget for the first CMC

IN BRIEF

This guide assumes you have already decided upon the directions you will be seeking at the case management conference and have to hand the standard form of budget (Precedent H) and the Ministry of Justice Guidance Notes on Precedent H (both obtainable via www.justice.gov.uk).

1. Decide how much detail it will be necessary to give

If the grand total does not exceed £25,000 there is no obligation to complete more than the first page, ie list of phases, totals for each, assumptions made etc.

2. Start at the end: the trial

How many days will it last? Who will be instructed to appear for the client as advocates at that stage, what fees will they charge, how many fee earners will also attend (more than one is unusual) and of what grade? If you are using a spreadsheet form of the budget, any arithmetic you insert into each section will automatically update the totals on

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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