A. Fees and costs budgeting

* 1. Have you restricted your use of conditional fee agreements since April 2013?

* 2. Are you using or do you intend to use damages-based agreements?

* 3. Would you be in favour of MoJ permitting partial DBAs ?

* 4. Do you agree with the decision to raise the costs budgeting exemption threshold in respect of claims from £2m to £10m ?

* 5. If not, do you consider a lower or higher threshold, or the removal of the exemption altogether, should be introduced?

* 6. Are you encountering cases where the TCC has imposed cost budgeting in the exercise of its discretionary power even though the amount in issue is above the £2m or £10m as applicable?

* 7. Have you found that compliance with the new requirement to prepare a cost budget form has reduced or increased the costs incurred in conducting litigation?

* 8. If you have noticed a difference, would you describe that reduction/ increase as significant?

* 9. Has cost budgeting affected your relationship with clients concerning the level of costs to be expended and responsibility therefore as between solicitor and client?

* 10. If costs budgeting has affected this relationship, has the impact been positive or negative?

* 11. Have you sought to amend a costs budget after a costs management order?

* 12. If so did you get the amendment you sought?

* 13. Do you consider that it should become established practice for the parties to exchange cost budgets during the pre-action protocol process?

* 14. In preparing your cost budget do you include pre-action costs and in particular costs incurred in following the pre-action protocol?

* 15. Do you accommodate the costs of a post-action mediation in your cost budget?

* 16. Have you succeeded in having significant pre-action costs approved for the purposes of a cost budget?

* 17. Have you encountered any difficulty in obtaining precise figures from experts for inclusion in a cost budget?

* 18. Have you encountered any difficulty in obtaining precise figures from barristers for inclusion in a cost budget?

* 19. Are you normally able to agree cost budgets with the other side in advance of the CMC?

* 20. In your experience, has the TCC’s approach to the consideration of cost budgets been:

* 21. On detailed assessments, has the TCC’s approach been:

* 22. The key objective of the Jackson Report was “to promote access to justice as a whole by making costs of litigation more proportionate”. Do you consider that the reforms have been successful in achieving that objective in relation to litigation conducted in the TCC?

* 23. Is more guidance needed for TCC users about the meaning of proportionality and the principles/tests the Court should apply in assessing proportionality in any given matter?

* 24. Following the introduction of costs budgeting are you more or less likely to recommend arbitration rather than litigation to resolve TCC type disputes?

* 25. Will the introduction of cost budgeting affect your advice as to where to issue proceedings?

T