will consider whether the budgeted costs fall within the range of reasonable and proportionate costs. 7.4 As part of the costs management process the court may not approve costs incurred before the date of any budget. The court may, however, record its comments on those costs and will take those costs into account when considering the reasonableness and proportionality of all subsequent costs. 7.5 The court may set a timetable or give other directions for future reviews of budgets. 51. Note again, the injunction to revise budgets: this just doesn’t seem to be happening with the frequency that logically it should: 7.6 Each party shall revise its budget in respect of future costs upwards or downwards, if significant developments in the litigation warrant such revisions. Such amended budgets shall be submitted to the other parties for agreement. In default of agreement, the amended budgets shall be submitted to the court, together with a note of (a) the changes made and the reasons for those changes and (b) the objections of any other party. The court may approve, vary or disapprove the revisions, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed. 7.7 After its budget has been approved or agreed, each party shall re-file and re-serve the budget in the form approved or agreed with re-cast figures, annexed to the order approving it or recording its agreement. 7.8 A litigant in person, even though not required to prepare a budget, shall nevertheless be provided with a copy of the budget of any other party. 7.9 If interim applications are made which, reasonably, were not included in a budget, then the costs of such interim applications shall be treated as additional to the approved budgets. 52. The vexed issue of hourly rates, has now been removed conclusively from the arena of budgeting: which is conceptually odd, and a pity as
• queries arising Consulting counsel, so far as appropriate, in relation to disclosure Witness • Identifying witnesses • Arranging for witnesses to Statements • Obtaining statements attend trial (include in trial • Preparing witness summaries preparation) • Consulting counsel, so far as appropriate, about witness statements • Reviewing opponent’s statements and undertaking any appropriate investigations • Applications for witness summaries Expert • Identifying and engaging suitable • Obtaining permission to Reports expert(s) adduce expert evidence • Reviewing draft and approving report(s) (include in CMC or a separate application) • Dealing with follow-up questions of • Arranging for experts to • experts attend trial (include in trial • Considering opposing experts’ reports preparation) • Any conferences with counsel primarily relating to expert evidence • Meetings of experts (preparing agenda etc.) PTR • Bundle • Assembling and/or copying • Preparation of updated costs budgets and reviewing opponent’s budget the bundle (this is not fee earners’ work) • Preparing and agreeing chronology, case summary and dramatis personae (if ordered and not already prepared earlier in case) • Completing and filing pre-trial checklists • Correspondence with opponent to agree directions and costs budgets, if possible • Preparation for and attendance at the PTR Trial • Trial bundles • Assembling and/or copying Preparation • Witness summonses, and arranging for witnesses to attend trial the trial bundle (this is not fee earners’ work) • Any final factual investigations • Counsel’s brief fee and any • Supplemental disclosure and statements(if required) refreshers • Agreeing brief fee
• • Any pre-trial conferences and advice from counsel Pre-trial liaison with witnesses Trial • Solicitors’ attendance at trial • Preparation for trial • All conferences and other activity outside court hours during the trial • Agreeing brief fee • Attendance on witnesses during the trial • Counsel’s brief fee and any refreshers • Dealing with draft judgment and related applications Settlement • Any conferences and advicefrom counsel in relation to settlement • Mediation (should be included as a contingency) • Settlement negotiations and meetings between the parties to include Part 36 and other offers and advising the client • Drafting settlement agreement or Tomlin order • Advice to the client on settlement (excluding advice included in the pre-action phase)