A pre-trial checklist estimate of costs is a key step in preparing for trial, particularly in cases where formal costs budgets do not apply. While often treated as a procedural requirement, the estimate provided within a completed pre-trial checklist (Form N170) can influence how costs are viewed by the court and challenged by the opposing party.

For legal representatives, understanding how to prepare and present a clear and realistic costs estimate is essential, not only for compliance, but also for protecting costs recovery at trial.

 

What is a Pre-Trial Checklist (Form N170)?

A pre-trial checklist, also known as a listing questionnaire, is a document filed with the court ahead of trial to confirm that the case is ready to proceed.

When a party files a pre-trial checklist, they are required to provide key information about the status of the case, including whether directions have been complied with, details of witnesses and expert evidence, any outstanding applications or issues, and confirmation of trial readiness.

The checklist is usually submitted using Form N170, and once the trial checklist is filed, the court may list the matter for trial or provide further directions. While much of the form is procedural, attention is drawn to the requirement to include an estimate of costs, which is often underestimated in its importance.

 

What is a Pre-Trial Checklist Estimate of Costs?

A costs estimate within a pre-trial checklist is a summary of the legal costs incurred to date, together with anticipated costs up to and including trial.

Its role differs depending on the track of the claim. In multi-track cases, costs budgets generally apply, and the estimate supplements the approved figures. In fast-track matters, particularly those not subject to fixed costs, the estimate takes on greater importance as it may be one of the only forward-looking indicators of overall costs.

Although not subject to formal approval, the estimate still provides the court and the opposing party with visibility of the level of costs being incurred.

 

How Courts Use Costs Estimates

Unlike an approved costs budget, a pre-trial checklist ‘estimate of costs’ is not binding. However, it can still play an important role in how costs are assessed.

In practice, the court may compare the estimate to the costs later claimed in a bill of costs, consider whether the estimate was realistic and proportionate, and take any discrepancies into account when assessing credibility and reasonableness.

Where there is a significant difference between the estimate provided and the costs ultimately claimed, this can create a point of challenge during detailed assessment. For paying parties, inconsistencies can support arguments that costs were excessive. For receiving parties, a well-prepared estimate can reinforce the overall reasonableness of the claim.

 

Pre-Trial Checklist Estimates vs Costs Budgets

It is important to distinguish between a pre-trial checklist estimate of costs and a formal costs budget.

A costs budget sets out anticipated costs by phase and, once approved, can limit what is recoverable unless there is good reason to depart from it. This principle has been reinforced in cases such as Harrison v University Hospitals Coventry & Warwickshire NHS Trust.

By contrast, a pre-trial checklist estimate is not formally approved by the court and does not act as a strict cap on recovery. However, it can still influence the outcome of a detailed assessment, particularly where there are inconsistencies or unexplained increases in costs.

 

Practical Considerations for Legal Representatives

When preparing a pre-trial checklist estimate of costs, legal representatives should approach the task with care. The estimate should be realistic, up to date, and consistent with the work undertaken in the case.

It is important to avoid inserting broad or generic figures, as these may be challenged if they do not align with the final bill of costs. Where there have been developments in the case, such as additional expert evidence or changes in complexity, these should be reflected in the estimate.

A clear and accurate estimate can help demonstrate that costs have been properly managed throughout the litigation process, while also reducing the risk of challenge at detailed assessment.

 

Filing a Pre-Trial Checklist

The process for filing a pre-trial checklist will vary depending on the court, but generally involves completing Form N170, serving it on the other party, and submitting it within the required timeframe.

Once the checklist is filed, the court may list the case for trial, provide further directions, or require attendance at a pre-trial review. Ensuring that the checklist is accurate and complete, including the costs estimate, is essential to avoid delays or adverse comments.

 

How Greener Costs Can Support

Greener Costs supports law firms and legal representatives with all aspects of costs management, including the preparation and review of pre-trial checklist estimates of costs.

Whether you are dealing with a fast-track matter without a formal costs budget or ensuring consistency between your estimate and wider costs documentation, specialist input can help strengthen your position ahead of trial.

We assist with drafting and reviewing costs estimates, costs budgeting and Precedent H preparation, bills of costs and detailed assessment, and points of dispute and replies.

If you would like support, you can contact the team at:

Email: info@greenercosts.co.uk
Telephone: 01204 263047

Early advice can help ensure your costs position is clear, consistent, and defensible.

 

FAQs: Pre-Trial Checklist Estimate of Costs

Is a pre-trial checklist estimate of costs binding?

No, a pre-trial checklist estimate is not binding in the same way as an approved costs budget. However, it may still be considered by the court when assessing the reasonableness of costs.

Do you need to include a costs estimate in Form N170?

Yes, when completing Form N170, parties are typically required to provide an estimate of costs incurred and anticipated up to trial.

Can you recover more than your pre-trial checklist estimate?

It is possible to recover more than the estimate, but significant differences may be challenged during detailed assessment, particularly if the estimate appears unrealistic.

Do costs estimate apply in multi-track cases?

In multi-track cases, costs budgets usually apply. However, a costs estimate may still be included in a pre-trial checklist and can provide additional context.

What happens if your costs estimate is inaccurate?

An inaccurate estimate may affect how the court views your costs. Large discrepancies between the estimate and the final bill can lead to increased scrutiny and potential reductions.