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PART 3E+WTHE COURT'S CASE [F1AND COSTS] MANAGEMENT POWERS

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

[F2SECTION IIE+WCosts Management

Textual Amendments

Filing and exchanging budgets [F3and budget discussion reports] E+W

[F43.13.(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—

(a)where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or

(b)in any other case, not later than 21 days before the first case management conference.

(2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.

[F5(3) The court—

(a)may, on its own initiative or on application, order the parties to file and exchange costs budgets in a case where the parties are not otherwise required by this Section to do so;

(b)shall (other than in an exceptional case) make an order to file and exchange costs budgets if all parties consent to an application for such an order.

(4) The court may, in a substantial case, direct that budgets are to be limited in the first instance to part only of the proceedings and extended later to cover the whole proceedings.

(5) Every budget must be dated and verified by a statement of truth signed by a senior legal representative of the party.

(6) Even though a litigant in person is not required to prepare a budget, each other party (other than a litigant in person) must provide the litigant in person with a copy of that party’s budget.]]]