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...
Read More
Following a detailed assessment, the Receiving party is entitled to recover the costs of the detailed assessment proceedings (CPR 47.20(1)) as a general rule. There are, however, two clear exceptions:
Any such variation may apply to all, or only a proportion, of the costs of the detailed assessment proceedings. When addressing the question of costs connected with the detailed assessment, the court will typically summarily assess those costs at the conclusion of the proceedings in question (CPR 47.20(5)).
In some cases, costs may nonetheless be incurred after the detailed assessment has concluded. The issue of whether such later costs are recoverable was considered in Bloomsbury Law Solicitors v Macpherson (2017), an appeal heard by Warby J sitting with an assessor. In allowing this aspect of the appeal, he held that the timing of the detailed assessment cannot by itself be a sufficient test of recoverability, as costs may properly be incurred after the judge gives their final decision—for example, drawing up an order—where such costs are recoverable...
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 ]...