What does Detailed assessment mean? The court process for calculating how much one party must pay another after a costs order, by scrutinising a bill of costs and allowing only costs that are reasonably incurred and proportionate. In England and Wales, detailed assessment is a formal procedure under the Civil Procedure Rules (notably CPR Part 47 and associated Practice Directions). It commonly follows an inter partes costs order or a solicitor–client costs challenge. The receiving party serves a bill of costs; the paying party serves points of dispute; replies may follow. A costs judge or district judge then assesses the items (often provisionally on the...
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This Practice Note sets out where to start detailed assessment proceedings, which documents must be lodged and/or served, the deadline for commencing such proceedings, and the repercussions of failing to do so in time. It also addresses whether the paying party may obtain a stay of the detailed assessment while an appeal is pending.
Be aware that paras 10.1–10.7 of the Senior Courts Costs Office Guide offer general guidance on the commencement of detailed assessment proceedings. CE-File electronic filing is compulsory in the Senior Courts Costs Office (scco) (cpr PD 5C, para 1.3(d) and CPR PD 5C, para 2.1(a)). For further details on electronic filing in the SCCO, see Practice Note: CE-File—electronic filing in the Senior Court Costs Office.
In McNamee v LB Brent (2025), the judge observed that an essential part of the costs recovery process is for informal negotiations about the receiving party’s costs to occur during the period before detailed assessment proceedings are commenced...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...