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Costs Management Update – The Future?


A sub-committee of the Civil Procedure Rule Committee (CPRC) has been consulting on the existing exemptions to automatic costs management.

The sub-committee considered:

Whilst the outcome of the consultation is still awaited, a recent meeting of committee in December 2013 gives us some idea about the possible approach going forward. Papers released on 25 February 2014 show that the following recommendations are made:

Lord Dyson and Richards LJ did not consider that it was appropriate to continue on the basis of the current rules. Allowing parties to opt out would be contrary to the "Jackson principles". It is noted from the papers that they would have had no hesitation in favouring an approach of no exceptions, were it not for the strong concerns raised in response to the consultation.

They suggested that there should be further consideration of whether the threshold should be by reference to the "amount in dispute" or the "amount at stake".

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