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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ARCHIVED: This Practice Note has been archived and will not be updated.
The rules governing detailed assessment appear in CPR 47 and practice direction 47. Following the Jackson Reforms, the principal alteration in Part 47 is the launch of provisional assessment—a paper-based form of detailed assessment—set out at CPR 47.15 and CPR PD 47, para 14.1 onwards. As this is a wholly new procedure, we cover it in Lexis+® UK DR under costs as ‘provisional assessment’, rather than within the detailed assessment topic.
Additional revisions to Part 47 and practice direction 47 include:
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 ]...