Payments on account of costs under CPR 44.2(8) in budgeted cases
An examination of the role and relevance of an approved costs budget on an application under CPR 44.2(8) for a payment on account of costs.
Judge declines to comment on approved budget after trial
HHJ Pelling QC exercises caution in the absence of “express or implied agreement of the parties” to indicate whether, or not, he would have been prepared to approve an increase in the Defendant’s approved costs budget had an application been made pre trial.
CPR 44.2(8): Payments on account of costs
Where the Court orders a party to pay costs subject to a detailed assessment it will order that party to pay a reasonable sum on account of costs unless there is a good reason not to do so. Such power is not dependent upon the filing of a statement of costs, nor the type of funding arrangement in place
