Rule 3.17 Court to have regard to budgets and to take account of costsF1C1
When making any case management decision, the court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step.
Paragraph (1) applies whether or not the court has made a costs management order.
Subject to rule 3.15A, the court—
may not approve costs incurred F3up to and including the date of any costs management hearing; but
may record its comments on those costs and take those costs into account when considering the reasonableness and proportionality of all budgeted costs.
If an interim application is made but is not included in a budget, the court may, if it considers it reasonable not to have included the application in the budget, treat the costs of such interim application as additional to the approved budgets.
Annotations
Textual amendments
- F1
Pt. 3 Sections 2, 3 inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(h) (with rule 22)
- F2
Rule 3.17(3)(4) inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 4(5)
- F3
Words in rule 3.17(3)(a) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 5
Modifications
- C1
Rules 3.12-3.18 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
Notes on Part 3
Textual amendments
- F1
Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
- F2
Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(i) (with rule 22)
- F3
Words in Pt. 3 Table of Contents inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 3
- F4
Words in Pt. 3 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(b); S.I. 2014/954, art. 2(a)
- F5
Words in Pt. 3 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 3(1)
- F6
Words in Pt. 3 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 4(a)(ii)
- F7
Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(a) (with rule 13(1)(2))
- F8
Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(b) (with rule 13(1)(2))
- F9
Words in Pt. 3 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(2)
- F10
Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(iii) (with rule 22)
- F11
Words in Pt. 3 Table of Contents inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 4 (with rule 23)
Modifications
- C1
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)