Form COSTS 7 Practice Direction 9 Costs Management Form Court of First Instance Division* #Employment] Case number* Title of Proceedings Claimant* [full name] [Add Claimant(s) if required] Defendant* [full name] [Add Defendant(s) if required] Filing Details for* [#Claimant] [#Defendant] Legal representative* [name] Firm [name of firm] Firm reference [reference number] Contact name and telephone* [name] [telephone] Contact email* [email address] Budget* The [Claimant’s] [Defendant’s] Costs Budget prepared in accordance with the Guidance Notes for preparation of Costs Budgets is attached. Refer to Annex A – Costs Budget Verification* (complete as applicable) I am the representative of the [#Claimant] [#Defendant] I certify that this Costs Budget is a fair and accurate statement of incurred and estimated costs that would be reasonable and proportionate for my client to incur in this litigation. Trial Trial trial
Conference (CMC) Reviewing opponent’s budget Correspondence with opponent to on directions and budgets where possible Preparation for, and attendance at, the CMC Finalising the order Preparation of 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 above) Identifying witnesses Obtaining statements Preparing witness summaries Consulting counsel, so far as appropriate, about 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 given to adduce expert evidence, the varied budget would include: Identifying and engaging suitable expert(s) Reviewing draft 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 trial preparation) Trial Preparation Preparation of updated Costs 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 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 brief 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
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 costs 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) not exceed 2% of approved/agreed budget) [USD]