This week, Dominic Regan provides a cut out & keep guide to costs budgeting
No doubts
If in doubt as to whether or not you need to file a budget then always produce one. The penalty for default is deliberately draconian. ‘No budget, no costs’ is the penalty imposed by CPR 3.14.
Split trial
If seeking a split trial, perhaps addressing liability only at the outset, produce two budgets. The court might reject the application so protect yourself by also filing one that covers the entirety of the action.
Be timely
File your budget on time. Who will ever forget the Mitchell bloodbath?
Relief application
If you fail to comply with the last point, make an immediate application for relief from the sanction denying you costs. It was made clear in British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] All ER (D) 128 (Mar), [2016] All ER (D) 128 (Mar) that time is of the essence in any application for relief under CPR 3.9. Delay
