--(1) A party may, however, apply to the court to set a costs budget for the proceedings.
--(2) An application for such a costs budget must be made at or before the first case management conference.
--(3) The application may be made by either or both parties but an order setting a costs budget may not be made by consent.
--(4) An application for a costs budget must be accompanied by-
----(a) a written consent from the client in accordance with rule 67.9;
----(b) a statement of the amount that the party seeking the order wishes to be set as the costs budget; and
----(c) a statement showing how such budget has been calculated and setting out in particular-
--------(i) the hourly rate charged by the attorney-at-law (or other basis of charging);
--------(ii) a breakdown of the costs incurred to date;
--------(iii) the fees for advocacy, advising or settling any document that are anticipated to be paid to any attorney-at-law other than the attorney-at-law on record;
--------(iv) the disbursements other than expert witness fees that are included in the budget;
--------(v) the anticipated amount of any expert fees and whether or not such fees are included in the budget;
--------(vi) a statement of the number of hours of preparation time (including attendances upon the party, any witnesses and on any other parties to the proceedings) that the attorney-at-law for the party making the application has already spent and anticipates will be required to bring the proceedings to trial; and
--------(vii) what procedural steps or applications are or are not included in the budget.
--(5) A party may apply to vary the terms of an order made under this rule at any time prior to the commencement of the trial but no order may be made increasing the amount of the budgeted costs unless the court is satisfied that there has been a change of circumstances which became known after the order was made.
Notes
Amended by Legal Notice 140 of 2000.
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