Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”

Shelter

Access all documents on Budgeted costs

Budgeted costs meaning

What does Budgeted costs mean?
budgeted costs are the estimated future legal costs a party sets out in its costs budget for work yet to be done. In England and Wales, this term is used within the CPR costs management regime (CPR Part 3 and PD 3E). Once the court makes a costs management order (approving or recording agreement on the budget), the figures for each phase (for example, disclosure, witness evidence, experts, trial preparation and trial) become the benchmark for recoverable costs on detailed assessment. On the standard basis, the court will not depart from those approved budgeted costs for a phase unless there is good reason (CPR 3.18). Budgeted costs are distinct from incurred costs (already spent when the budget is set). They are typically used in multi-track claims where costs management applies; some categories of case are excluded. In Scotland, Northern Ireland and Ireland, “budgeted costs” is a descriptive expression rather than a defined term in a formal budgeting regime. Courts may seek costs or expenses estimates for case management, but recoverability is determined on taxation or assessment by the Auditor of Court, the Taxing Master/Costs Judge, or the Legal Costs Adjudicator, as applicable, rather than by reference to a court-approved costs budget.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Budgeted costs

CHECKLISTS
In‑Person Arbitration Merits Hearings: Practical Pre‑Hearing Logistics Checklist (venue, timetabling, witnesses, interpreters, transcription, technology and e‑bundles)

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...

Read More Right Arrow

View the related Practice Notes about Budgeted costs

PRACTICE NOTES
Precedent H costs budgeting under CPR 3 and PD 3D: completing long/short forms, phases, contingencies, incurred and budgeted costs, statement of truth and Precedent R (England and Wales)

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...

Read More Right Arrow
PRACTICE NOTES
CPR 3.15(6), 3.15A, 3.17, 3.18: Managing and Varying Costs Budgets and Recovery Consequences (England and Wales)

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...

Read More Right Arrow
PRACTICE NOTES
Costs budgeting under the CPR: courts’ approach to proportionality, incurred vs budgeted costs, hourly rates, contingencies, agreements and disputes (England and Wales)

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...

Read More Right Arrow