ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Lawal Ijaodola and Eleanor Higginson, Slaughter and May
3.8 Requirements for Cost Estimate The Solicitors Regulation Authority’s code of conduct provides that clients should be given the best possible information about how their matter will be priced and, both at the time of engagement and when appropriate as their mat- ter progresses, about the likely overall cost of the matter and any costs incurred. It is generally considered good practice to provide clients with a cost estimate of the potential litigation at the outset and continue to update them about the cost position throughout the proceedings. The court is required as part of the “overriding objective” to manage cases at proportionate cost. Where cost management rules apply, liti- gants will be required to prepare and exchange costs budgets detailing their projected costs for the litigation. In cases where cost management rules do not apply, the court has the power to require litigants to file costs estimates during the proceedings. It is possible to make interim applications before trial or substantive hearing of a claim. There are a number of different types of interim applica- tion. Litigants may use interim applications to seek to obtain remedies from the court. In these circumstances, the court has broad discretion to grant whatever remedy it considers appropriate, including specific disclosure, interim injunctions or interim payments. Interim applications may also be used to deal with case management matters. 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
4.2 Early Judgment Applications Litigants can make applications for early judg- ments, including by way of summary judgment or strike out. Litigants may apply for summary judgment on the whole of a claim or on a particular issue if they can establish that there is no real prospect of succeeding on the claim or issue, or of suc- cessfully defending the claim or issue, and that there is no other compelling reason why the claim or issue should be disposed of at trial. Demonstrating “real prospect” is quite a low threshold in practice and has been interpreted to mean “not fanciful”. In some circumstances, summary judgment can also be proposed by the court of its own initiative under its broad case management powers. A claimant may apply for summary judgment only after the defendant has filed either an acknowledgment of service or a defence, unless otherwise permitted by the court. A defendant may apply for summary judgment at any time in the proceedings. An application notice for summary judgment must set out or attach any written evidence on which the applicant relies. Typically, a respond- ent to the application must be given at least 14 days’ notice before the hearing of a summary judgment application. Any written evidence must usually be filed and served at least seven days before the hearing in the case of a respondent’s evidence, or three days before the hearing in the case of an applicant’s evidence in reply. Another way to achieve early judgment is to apply for a claim, or part of it, to be struck out where it lacks reasonable grounds, constitutes an abuse of the court process or violates a rule, practice direction or court order. While the appli-
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