2023년 2월 26일 일요일

Do I need to file a costs schedule along with the interim application in English civil procedure?

Yes, in English civil procedure, a party making an interim application must file a costs schedule along with the application. The costs schedule sets out the costs that the party has incurred or is likely to incur as a result of the interim application. The requirement to file a costs schedule is set out in Part 23 of the Civil Procedure Rules, which governs interim applications. Rule 23.6(1) provides that a party making an interim application must file a costs schedule setting out the costs that have been incurred up to the date of the schedule, and the costs that are likely to be incurred as a result of the application. The costs schedule must be filed with the court at the same time as the application notice, and must be served on the other parties to the proceedings. The costs schedule should be sufficiently detailed to enable the court to assess the reasonableness and proportionality of the costs claimed. It is important to note that the costs of an interim application are usually borne by the party making the application, regardless of whether the application is successful or not. Therefore, it is essential to carefully consider the potential costs of making an interim application before proceeding, and to ensure that the costs claimed in the schedule are reasonable and proportionate to the nature and complexity of the application. In summary, a party making an interim application in English civil procedure must file a costs schedule along with the application, setting out the costs that have been incurred and are likely to be incurred as a result of the application. The costs claimed should be reasonable and proportionate to the nature and complexity of the application.

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