The power of the court to grant a passport order under section 37 of the Senior Courts Act 1981 was primarily recognised by the Court of Appeal in Bayer AG v Winter. The boundaries of such passport orders has been recently considered in Lakatamia Shipping Company Ltd and others v Su and others.
The Court of Appeal has very recently softened its approach to applications under CPR 52.30, effectively backtracking on two of its own very recent decisions. I first looked at this issue in my blog post, Appeals to the Court of Appeal after refusal of permission.
Since the advent of costs budgeting in 2013, the process for varying approved budgets has been evolving. The most recent CPR update last autumn (the Civil Procedure (Amendment No 3) Rules 2020 (SI 2020/747)) saw the introduction of Precedent T, a document for setting out the budget variations sought in a uniform manner to ensure a more consistent approach. However, there remains a lot of uncertainty and subjectivity when seeking to vary costs budgets.
