The Civil Procedure Rules 1998

[F1[F2Revision and variation of costs budgets on account of significant developments (“variation costs”)E+W

3.15A.—(1) A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.

(2) Any budgets revised in accordance with paragraph (1) must be submitted promptly by the revising party to the other parties for agreement, and subsequently to the court, in accordance with paragraphs (3) to (5).

(3) The revising party must—

(a)serve particulars of the variation proposed on every other party, using the form prescribed by Practice Direction [F33D];

(b)confine the particulars to the additional costs occasioned by the significant development; and

(c)certify, in the form prescribed by [F4Practice Direction 3D], that the additional costs are not included in any previous budgeted costs or variation.

(4) The revising party must submit the particulars of variation promptly to the court, together with the last approved or agreed budget, and with an explanation of the points of difference if they have not been agreed.

(5) The court may approve, vary or disallow the proposed variations, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed, or may list a further costs management hearing.

(6) Where the court makes an order for variation, it may vary the budget for costs related to that variation which have been incurred prior to the order for variation but after the costs management order.]]

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