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Practical and logistical Preparing for an in-person arbitration hearing involves numerous practical and logistical factors that must be anticipated, arranged and, frequently, costed. This Checklist is designed to confirm the main elements of a hearing are addressed early, helping the process run as smoothly as possible. It aims to ensure key aspects are weighed in advance so arrangements can be planned carefully and budgeted in good time and with clarity. The Checklist is not comprehensive and does not, for example, cover many legal questions that might be relevant before and during an arbitration hearing. It focuses on the needs of in-person merits hearings rather than in-person procedural hearings, though several points will apply to both formats. It also assumes that private practitioners will take a leading role in pre-hearing preparation, which may not always be the case. Certain matters considered in the Checklist will be organised by one or more parties for the benefit of all parties (eg transcription or interpretation services), so it is important to agree how...
This Practice Note explains how to complete Precedent H (costs budget), the prescribed form for setting out a party’s budgeted costs under CPR 3 and CPR PD 3D. Except in exceptional circumstances, parties are expected to submit only Precedent H and the budget discussion report (Precedent R). Where the claim is worth less than £50,000, or the costs sought are under £25,000, only the first page of Precedent H must be completed. It should be read alongside Practice Note: Cost budgets—form, content and practical considerations. This Note provides assistance with completing Precedent H, the court form that records a costs budget... Which CPR provisions apply? CPR 3 and CPR PD 3D apply... What is Precedent H? Precedent H is the court form setting out a costs budget. Unless the court orders otherwise...
Timetable or directions to review costs budgets Preparing a costs budget can be demanding, particularly in intricate matters where the kind and scale of work needed to advance or defend a claim may evolve over time. CPR 3.15(6) recognises this and allows the court to set a timetable or issue further directions for future budget reviews. This enables the parties to keep their budgets under ongoing review and, where suitable, to request amendments. When such directions are made, parties must diarise them and complete the reviews in accordance with those directions. Continual monitoring of cost budgets Once a costs budget is finalised and either agreed with the other side or approved by the court, the court will actively manage costs throughout the proceedings. Parties must therefore monitor spend against the budgeted figures for each phase to ensure they remain within limits. If actual costs exceed the budgeted sums, the additional expenditure is unlikely to be recoverable on a costs assessment. CPR 3.18(b) allows a costs judge to...
This Practice Note examines the courts’ overall approach to costs budgeting, the court’s function in supervising costs, and the distinct treatment of incurred costs as against budgeted costs. It further addresses the court’s position on hourly rates and contingencies, together with the situation where the parties have, or have not, reached accord on their respective costs budgets. Costs budgeting—general approach Costs budgeting is not a granular assessment; instead, it is the exercise by which the court sets a sum that is reasonable and proportionate, on the standard basis, for each party’s budgeted (future) costs. In essence, its purpose is to inform parties of the potential liability they may face to the other side if they are unsuccessful and/or if a costs order is made in the opponent’s favour. At this stage, the court commonly adopts a broad‑brush stance. Nevertheless, in exceptional matters it can be appropriate, or indeed necessary, for the court to interrogate a party’s budget ‘with a fine tooth comb’, analysing the constituent figures in detail...