OPTIONAL PROVISIONAL COSTS BUDGETING IN ‘CAT’ * CLAIMS PROCEEDING AT MANCHESTER CJC
1. The parties may, prior to the Costs CMC, request that the same be conducted on paper and without a hearing, and if so, the following directions shall apply:
(1) Such request should by made, usually by the Claimant’s solicitor, in a single document, signed by or on behalf of every party, or in a single email or email attachment which states that every party consents to such direction and is copied to every party or their representative.
(2) On receipt of such a request, the court will provisionally budget for each party’s costs by considering the matter on paper without attendance and the following provisions shall apply:-
(a) the matter shall remain listed for provisional budgeting at the date and time of the said Costs CMC but the parties shall not attend;
(b) the said written request for provisional budgeting shall identify, in respect of each party’s budget, the extent of agreement/disagreement, with brief reasons ;
(c) the court will not consider, and the parties should not file, any further submissions in relation to budgets beyond those already filed and served with the budgets themselves and the said request;
(d) the court will, by sealed order, inform the parties of the outcome of the provisional budgeting;
(e) the order will include provision for any party to require an oral hearing, as of right, following service of it;
(f) any oral hearing will be conducted by the district judge who made the provisional budgeting order, who will consider the matter afresh and not be bound by the earlier assessment;
(g) if no party requests an oral hearing within the time specified in the order, the provisional budget shall thereafter have the same force and legal effect as any other approved budget.
District Judge Hassall
District Judge Iyer
* Cancer, Asbestos and Terminal illness claims.