Rule committee also delays initial review of extended fixed costs regime
The three-year simplified costs budgeting pilots are set to start in April 2025, the latest minutes of the Civil Procedure Rule Committee (CPRC) have revealed.
Meanwhile, plans for an initial review of the extended fixed recoverable costs regime have been put back.
At the previous meeting of the CPRC, it emerged that there would be three pilots: for cases within the Business and Property Courts (BPC); for certain other cases valued at under £1m; and for cases involving qualified one-way costs shifting (QOCS).
The CPRC approved the first two at its November meeting, subject to final drafting, as practice directions 51ZG1 and 51ZG2.
Work continues on the drafting for the third pilot, with the aim to present draft proposals at this month’s meeting.
Though the geographical locations have now been decided, they were not named in the minutes. The BPC pilot is intended to cover the Rolls Building and at least two BPC district registries. It will also cover business and property work in the county court at the same district registries.
The sub-committee said previously that it anticipated “very few claims” would come within the under £1m pilot and should probably operate in at least two district registries.
The minutes said His Honour Judge Bird, who heads the costs subcommittee, outlined various drafting revisions made since the previous meeting, including a simplified proposed Precedent Z costs form and a new RZ discussion report.
After it was raised by Master Sullivan, the subcommittee will consider whether there needs to be an
District Judge Johnson, Master Kaye and Nick Bacon KC are also on the subcommittee.
On other issues, the minutes recounted that, when the extended fixed recoverable costs regime was approved, it was decided to ask the Ministry of Justice to report back after 12 months to review the scheme and any further amendments following experience in practice.
“This would mean a report to the committee in February 2025. However, the emerging view, informed by feedback from some users, is a full review in February would be premature.”
The committee decided instead to revisit the position in February, “at which point the scope, nature and plan for inviting views from users can be framed with a view to conducting some form of consultation in the summer”.
Meanwhile, the new Precedent U form for fixed costs determinations has been amended “to aid clarification”. The words “(list VAT separately)” have been included next to “Fixed Costs” in cell A16 of tab/section A of the form.
Finally, the CPRC agreed in principle that the closed material procedure under the Justice and Security Act 2013 should be exempted from cost management.