Final answer:
An application notice prior to the deadline for the exchange of costs and budgets could potentially be successful if the applicant provides a good reason for seeking such an extension, ensures minimal impact on the legal proceedings, and demonstrates that they have otherwise conducted the litigation efficiently. The court considers various factors like the delay's length and impacts on case management.
Step-by-step explanation:
In relation to the question, whether an application notice made prior to the expiry of the deadline for the exchange of costs and budgets will be successful, it is necessary to understand the procedural context within which such an application is being made. The rules surrounding costs and budgeting are primarily governed by the relevant civil procedure rules and practice directions which provide a strict framework for the parties to follow during litigation.
It is generally expected that parties adhere to the timelines set for the exchange of costs and budgets because these are crucial for the management of the case and to ensure that the costs are proportionate and reasonable. Courts are empowered to apply sanctions when such deadlines are missed without good reason.
However, should an application notice be made timely and prior to the deadline, the court may be inclined to grant an extension or relief from sanctions if the applicant can demonstrate a good reason for the anticipated delay and that they have otherwise conducted the litigation efficiently and cooperatively. The court’s decision will often take into account factors such as the length of the delay, whether there was any intention to ignore court orders, and the potential impact on the litigation timetable and costs.
Examples Where an Application May Be Successful
Unforeseen and significant events that prevent compliance with the deadline.
Demonstrable efforts made to comply with the deadlines despite the difficulties.
Minimal impact on the overall case management and cost.
In conclusion, while deadlines for the exchange of costs budgets are meant to be adhered to strictly, courts retain a degree of discretion to allow for extensions. A proactive application, submitted before the deadline, showing good reason and minimal impact on the proceedings, may therefore be successful.