The recent case of Persimmon Homes Ltd & Anor v Osborne
Clarke LLP & Anor [2021] EWHC 831 (Ch) (12 April 2021) (Master
Kaye) has provided useful guidance on the relevant procedure and
principles for applications to vary costs budgets under CPR
3.15A.
Since October 2020, the process of applying to vary a costs
budget has been set out within CPR 3.15A. That being said, as this
Rule is still in its infancy, there has been little case law since
its introduction.
The Persimmon Homes case has made it clear that a party applying
to vary its costs budget must satisfy the "threshold
test". Such a test involves two mandatory requirements before
the Court will subsequently use its discretion regarding the
variation itself. The test requires the applicant to firstly show
that there has been a significant development in the litigation
since the last approved budget which warrants a revision and
secondly, that particulars of the variation as submitted promptly,
both to the
