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!
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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
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Automatic sanction of court fees only
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CPR 3.8(4)
 28 day extension can be agreed
 Providing no hearing date at risk
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Preparation, preparation,
preparation!
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“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!
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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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