Conference (CMC) Reviewing opponent’s budget Correspondence with opponent to agree on directions and budgets where possible Preparation for, and attendance at, the CMC Finalising the order Preparation of Costs Budget for first CMC (As Guidance Note 7 explains, this should be inserted in the approved budget) Disclosure Obtaining documents from client and advising on disclosure obligations Reviewing documents for disclosure, preparing disclosure report or questionnaire response and list Inspection Reviewing opponent’s list and documents, undertaking any appropriate investigations Correspondence between parties about the scope of disclosure and queries arising Consulting counsel, so far as appropriate, in relation to disclosure Applications for specific disclosure Applications and requests for third party disclosure Evidence Preparation Expert Reports (See Guidance Note 5 Identifying witnesses Obtaining statements Preparing witness summaries Consulting counsel, so far as appropriate, witness statements Reviewing opponent’s statements and undertaking any appropriate investigations Applications for witness summaries If a party expects to apply for permission to adduce expert evidence, the costs of making that application If permission is to adduce expert evidence, the varied budget would include: Identifying and engaging suitable expert(s) Reviewing and approving report(s) Dealing with follow-up questions of experts Considering opposing experts’ reports Any conferences with counsel primarily relating to expert evidence Meetings of experts (preparing agenda etc.) Any other costs relating to expert evidence. (As Guidance Note 5 explains, if permission to adduce expert evidence is sought and given, the parties should at that time seek any necessary variation to their Costs Budgets.) Arranging for witnesses to attend (should be included in preparation) Preparation Preparation of updated Budgets and reviewing opponent’s budget 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 Trial bundles Witness summonses and arranging for witnesses to attend trial Any final factual investigations Supplemental disclosure and statements (if required) Agreeing fee Any pre-trial conferences and advice from counsel Assembling and/or copying the bundle (this is not fee earner’s work) Counsel’s brief fee and any refreshers trial
Pre-trial liaison with witnesses Trial Solicitors’ attendance at trial All conferences and other activity outside court hours during the a Attendance on witnesses during the trial Counsel’s brief fee and any refreshers Dealing with judgment and related applications Preparation for trial Agreeing brief fee
Annex A – Costs Budget Phase of Proceedings Assumptions (See Guidance Note 4) Incurred Estimated Total (USD) Disbursements (USD) Costs (USD) Disbursements (USD) Costs (USD) Pre-action Pleadings Case Management Conference (CMC) Disclosure Evidence Preparation Trial Preparation Trial Grand total (including both incurred costs and estimated costs) [USD] [USD] [USD] [USD] [USD] Approved/ Agreed budget [USD] Recoverable of initially completing the Costs Management Form (see Guidance Note 7) (shall not exceed the higher of USD2,000 or 1% of the approved/agreed budget) [USD] Recoverable costs of the budgeting process (see Guidance Note 7) (shall not exceed 2% of approved/agreed budget) [USD]