Jurisdiction(s):
United Kingdom

Costs budgeting under CPR 3.15A: prompt variation for ‘significant developments’ and disclosure-driven increases to witness statement budgets—BDW Trading v Lantoom (TCC, England and Wales)

Published on: 22 October 2020

Published by a LexisNexis Dispute Resolution expert

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Article summary

BDW Trading Ltd v Lantoom Ltd [2020] EWHC 2744 (TCC) What are the practical implications of this case?

This case is notable because the hearing occurred the day after CPR 3.15A took effect. The claimant argued that the previous rule ought to govern matters since the significant developments relied upon, together with the correspondence and the application, all pre-dated the amendment. The judge observed that, without a relevant transitional provision, that may not be correct; however, neither side suggested that the altered wording made any difference on the facts.

It proved highly advantageous that the claimant had expressly set out its initial expectation regarding the volume of documents it anticipated receiving. Regional Costs Judge Richard Lumb has publicly stressed how critical this can be. By setting the stated assumption against what actually materialises, showing a significant development becomes far more straightforward.

Practitioners should be aware that the new regime in CPR 3.15A, which came into force on 1 October 2020, requires prompt action whenever a significant development affects the budget, whether upwards or downwards. The writer presented at a Costs Conference in September 2020 where Master McCloud indicated that adverse costs consequences ought to follow if...

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