Jurisdiction(s):
United Kingdom

Key definition

Summary assessment definition

What does Summary assessment mean? A court’s on-the-spot determination of the amount of costs one party must pay the other at the end of a hearing, instead of applying fixed costs or sending the bill to detailed assessment. In England and Wales, summary assessment of costs is provided for by CPR r 44.6 and PD 44 and is commonly made after interim applications and at the end of fast track trials. The receiving party typically serves a statement of costs (Form N260/N260A). The judge assesses what is reasonable and proportionate on the standard or indemnity basis, taking into account conduct, offers (including Part 36), and...

Practical Guide to Summary Assessment of Costs under the Civil Procedure Rules (England and Wales): Preparation, Submissions, Orders, Payment, Enforcement, Settlement and Appeals

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores the procedure for summary assessment, the measures parties should take where such an assessment is undertaken, and the enforcement of costs orders made on a summary basis, outlining how parties should approach these stages.

The application

No formal application notice is needed for the court to carry out a summary assessment of costs. At the close of the application hearing, or the substantive hearing where summary assessment is appropriate, the successful party seeking to recover the hearing costs need only ask the judge orally to summarily assess the costs. The application can then be addressed by any of the following, or a combination, as the judge considers appropriate:

the court allows the parties time to try to agree costs
oral submissions
written submissions

Prior to the hearing

To ensure the process of summary assessment at the hearing runs as smoothly as possible, there are several steps that can be taken before the hearing by the parties.

Duty to the court

Where the general rule applies in relation to summary assessment (CPR PD 44, para 9.2), under that Practice Direction, the parties and their legal representatives are under a duty to assist the judge in making a...

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Web page updated on 21/05/2026

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