Woodburn v Thomas (Costs budgeting) [2017] EWHC B16 (Costs) (11 August 2017)

Woodburn v Thomas (Costs budgeting) [2017] EWHC B16 (Costs) (11 August 2017)

Items in the 'non phase' part of the bill that fell within the CMC phase assumptions of the approved Precedent H (and Guidance) should be treated as if pleaded in the CMC phase of the bill; all other costs of costs budgeting and management should remain in the non-phase part and be subject to the 1% and 2% caps as appropriate.

Citation
[2017] EWHC B16 (Costs)
Parties
Receiving Party: Claimant; Paying Party: Defendant
Jurisdiction
England and Wales
Judgment Date
11 August 2017
Procedural Posture
Detailed Assessment of Costs / Post Settlement, Detailed Assessment Before Deputy Costs Judge
Outcome
Direction given on allocation of costs budgeting costs in the bill; parties settled remaining issues.
Legal Topics
Costs Budgeting, Detailed Assessment, Practice Direction 3 E, Precedent H Guidance Note, Costs Management, Bill Drafting
Civil Procedure Costs Law Costs Budgeting Detailed Assessment Practice Direction 3 E Precedent H Guidance Note Costs Management Bill Drafting

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Claimant

Receiving Party

Defendant

Paying Party

Procedural Posture

Detailed Assessment of Costs / Post Settlement, Detailed Assessment Before Deputy Costs Judge

Legal Issues

  1. 1 How should costs relating to costs budgeting and costs management be allocated in the bill of costs when they have been included in the CMC phase of Precedent H as per the Guidance Note?
  2. 2 Are such costs subject to the CMC phase budget, the 2% cap under PD 3E 7.2(b), or both?

Ratio Decidendi

Items in the 'non phase' part of the bill that fell within the CMC phase assumptions of the approved Precedent H (and Guidance) should be treated as if pleaded in the CMC phase of the bill; all other costs of costs budgeting and management should remain in the non-phase part and be subject to the 1% and 2% caps as appropriate.

Court Disposition

Direction given on allocation of costs budgeting costs in the bill; parties settled remaining issues.

Orders

  • Items in the 'non phase' part of the bill within CMC phase assumptions to be treated as pleaded in the CMC phase.
  • All other costs of costs budgeting and management to remain in the non-phase part and be subject to the 1% and 2% caps.