Don’t assume costs budgeting exemptions will apply in high value cases for children, says Julian Caddick
- In most high value cases for children, costs budgeting is unlikely to be appropriate.
- Considers the decision to order costs budgeting in PXT v Atere-Roberts, where a child brought a claim in excess of £10m.
Costs management rules automatically apply to all Part 7 multi-track cases but with some exceptions, one being where a claim is made in excess of £10m and commenced on or after 22 April 2014. A further exception is a claim made on or after 6 April 2016 on behalf of a child. The court nevertheless has discretion to order costs budgeting in other types of case, either on its own initiative or following an application by one of the parties.
In November 2022 in PXT v Atere-Roberts [2024] EWHC 1372 (KB), [2024] All ER (D) 51 (Jun), the claimant child brought a claim in excess of £10m. Costs budgeting did not automatically apply, but the defendants made an application for the case to be costs managed.
In
