Transcript Document
LSLA & LCLCBA Seminar
Wednesday, 6th March 2015
How Best to Prepare Your
Budget / Form H
Mitesh Modha, Senior Associate
Kain Knight Group
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Deadlines!
Directions Questionnaire
All documents to be returned usually within 28 days
of DQ – date specified on Directions Notice
Otherwise, no later than 7 days before the CMC
7 clear days
Automatic sanction of court fees only
CPR 3.8(4)
28 day extension can be agreed
Providing no hearing date at risk
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Preparation, preparation,
preparation!
“the parties were well aware that this was a case for which
budgeting would be required from the start…the mere fact
that a date is set for CMC is not supposed to be the starting
gun for proper consideration of budgeting” – Mitchell v
NGN, Master McCloud
Line up Counsel / Experts / Costs Draftsman
Lead times for fee quotes
Discuss the litigation path
Who will “share the pain” of reductions???
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Preparation, preparation,
preparation!
Incurred and estimated costs must both be phased
E.g. pre-action witness statement/proofs must not be
“dumped” in pre-action
Keep notes of where various time entries have been
allocated – essential to costs recovery – CPR 3.18
Try to narrow/agree procedural issues with opponent:
Disclosure – extent / key words / date ranges
Number of experts / witnesses
Trial length
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Preparation, preparation,
preparation!
MoJ Guidance:
SoC amendments = Contingency not Issue/Pleadings
Part 18 Requests = Issue/Pleadings
CMC = only the first CMC
Witness statements = Yours and considering opponents
Expert reports = initial/joint statements, questions,
supplementary reports
Copying bundles = not fee earner work in CMC/PTR/Trial
Counsel’s brief fee & refreshers = Trial phase, not split between
Trial and Trial Prep
Trial – remember closing submissions/draft judgment
Mediation = Contingency not ADR/Settlement
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Preparation, preparation,
preparation!
Contingencies
Reasonably anticipated task not falling in another phase
Don’t be vague – not a general pot of money
Not expected to have a crystal ball
See Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB) –
“foreseen as more likely than not to be required”
PD 3E, para 7.9 – costs of interim apps not reasonably
included in the approved costs budget, treated as
additional to approved budget
But see Simpson v MGN Ltd & Anor [2015] EWHC 126
(QB)
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Preparation, preparation,
preparation!
Assumptions
Justify the incurred costs and estimated costs
Define the litigation path you have predicted
Outline what is excluded as well as included but do not “over caveat”
Mention brief fee tranches & expert cancellation fees
Not intended to be War & Peace on budgeting
CIP v GallifordTry [2015] EWHC 481 (TCC) – Coulson J
“six closely typed pages and no less than 65 separate assumptions”
“so widespread in nature and effect, that they alone render the
Claimant’s budget wholly uncertain and therefore unreliable”
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