GUIDANCE NOTES ON PRECEDENT H
1. Where the monetary value of the case is less than £50,000 [or the costs claimed are less
than £25,000] the parties must only use the first page of Precedent H.
2. Save in exceptional circumstances, the parties are not expected to lodge any documents
other than Precedent H and the budget discussion report. Both are available in Excel format
on the MOJ website with PD 3E. If the Excel format precedent on the MOJ website is used ,
the calculation on page one will calculate the totals automatically and the phase totals are
linked to this page also.
3. This is the form on which you should set out your budget of anticipated costs in accordance
with CPR Part 3 and Practice Direction 3E. In deciding the reasonable and proportionate
costs of each phase of the budget the court will have regard to the factors set out at Civil
Procedure Rules 44.3(5) and 44.4(3) including a consideration of where and the
circumstances in which the work was done as opposed to where the case is heard.
4. This table identifies where within the budget form the various items of work, in so far as
they are required by the circumstances of your case, should be included.
5. Allowance must be made in each phase for advising the client, taking instructions and
corresponding with the other party/parties and the court in respect of matters falling within
that phase.
6. The ‘contingent cost’ sections of this form should be used for anticipated costs which do not
fall within the main categories set out in this form. Examples might be the trial of
preliminary issues, a mediation, applications to amend, applications for disclosure against
third parties or (in libel cases) applications re meaning. Only include costs which are more
likely than not to be incurred. Costs which are not anticipated but which become necessary
later are dealt with in paragraph 7.6 of PD3E.
7. Any party may apply to the court if it considers that another party is behaving oppressively
in seeking to cause the applicant to spend money disproportionately on costs and the court
will grant such relief as may be appropriate.
8. Assumptions:
a. The assumptions that are reflected in this guidance document are not to be
repeated. Include only those assumptions that significantly impact on the level of
costs claimed such as the duration of the proceedings, the number of experts and
witnesses or the number of interlocutory applications envisaged. Brief details only
are required in the box beneath each phase. Additional documents are not
encouraged and, where they are disregarded by the court, the cost of preparation
may be disallowed, and additional documents should be included only where
necessary.
b. Written assumptions are not normally required by the Court in cases where the
parties are only required to lodge the first page.
