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CPR 3.15A | Costs Budget Revisions | A Significant Development Need Not Be A Specific Event

The Claimant in this case applied to revise an approved costs budget. The application to revise (made soon after the transfer to the High Court took place) was based not on value alone but on the argument that the case had turned out to be more complex and more demanding of legal time and cost than was reasonably anticipated when the budget was drafted. It was said that the case had developed in the period following the initial realisation that the value had increased, and that it was not really feasible to seek to revise the budget before the District Judge in part because the impact of the new medical evidence, other than on value, was not at the time of the budgeting hearing clear.


Defendant fails to demonstrate significant developments under PD3E s7.6 to secure budget increase

The was an application by the defendant in a business dispute to upwardly revise his costs budget under PD3E s7.6 by reason of various ‘significant developments’ in the litigation including additional costs involved in answering a request for further information and an increase in the number of documents that had been required to review. The application was unsuccessful primarily due to the fact that the increased costs had, it was held, arisen due to the defendant’s own actions in failing to properly clarify his case, despite two court orders to do so. Furthermore, the extent to which his legal team were required to review disclosure documentation was something which should reasonably have been anticipated.


Costs Budgeting | Significant Developments

Chief Master Marsh considers an application to revise a defendants’ costs budget under Para 7.6 of Practice Direction 3E (PD3E) in light of seven “significant developments” and examines the practicalities of such an application, in particular the treatment of costs already incurred since the original budget, as well as applications made under Para 7.9 PD3E