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GLOSSARY

Detailed assessment proceedings definition

Published by a LexisNexis Family expert

What does Detailed assessment proceedings mean?

The procedure by which the amount of costs is decided in accordance with the rules'>Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 47.

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Considering a civil appeal—checklist

Considering a civil appeal—checklist This Checklist summarises some of the key considerations for practitioners or litigants considering a possible appeal and reflects the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. These provisions apply to appeals to the County Court, the High Court and the civil division of the Court of Appeal, but do not apply to appeals to the Supreme Court or appeals in detailed assessment proceedings, among other things. Before judgment is handed down in the lower court It is important to be prepared to appeal as early as possible given the short timescale for issuing an appeal. For guidance, see Practice Note: Starting an appeal—general provisions—When must the appellant's notice be filed? The following table sets out various issues that may arise together with further consideration as may be appropriate. Issue to consider Further consideration Guidance Is it likely that you or your client will want to pursue an appeal? What are the likely prospects of success and costs consequences? Appeals can...

Request for detailed assessment—checklist

Request for detailed assessment—checklist When making a request for detailed assessment using form N258, it is important to ensure that you provide all the documents required as set out in CPR PD 47 para 13.2. These are listed below in the form of a checklist. You will also need to provide an estimate of the length of time the detailed assessment hearing will take. Request for Detailed Assessment Hearing (general form) (Form N258) Where the request is made by a party other than the receiving party—in such cases, the requesting party should provide all documents listed below which are in their possession (CPR PD 47, para 13.2(k)). Practice direction para reference Document Have I provided it? CPR PD 47, para 13.2(a) A copy of the notice of commencement of the detailed assessment proceedings CPR PD 47, para 13.2(b) A copy of the bill of costs CPR PD 47, para 13.2(c) Document giving the right to detailed assessment. This is set out in CPR PD 47, para 13.3...

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Costs orders—availability of set-off

Costs orders—availability of set-off This Practice Note considers the circumstances in which a court may exercise its discretion to order set-off so as to reduce the costs liability a party has been ordered to pay. The set-off may be against the costs liability of another party, costs incurred in another set of proceedings, a judgment debt, future liabilities, funding or interim payments. What is set-off? For a general understanding of what is meant by the term ‘set-off’, see Practice Note: What is set-off and when is it available?. Note that this provides information that extends beyond set-off of costs. Before set-off can be ordered Before the court can consider whether to exercise its discretion to order set-off, it is necessary for the existence and amount of each liability to be established either by agreement or judgment. Relevant CPR provisions CPR 44.12 provides that the court may assess the costs that each party is liable to pay. If the court decides to do so then it may: • set-off the...

Detailed assessment—appeals

Detailed assessment—appeals Note, this Practice Note only contains guidance on appealing the decision of an authorised court officer in detailed assessment proceedings. It does not cover appealing a detailed assessment decision made by a costs judge or district judge. Appeals for the judges are dealt with in accordance with CPR 52 (Appeals). What is the process for appeals in detailed assessment proceedings? The destination of appeals is dealt with in accordance with the Access to Justice Act 1999 (Destination of Appeals) Order 2016, SI 2016/917 (CPR PD 47, para 20.1). The procedure for appeals from an authorised court officer or a judge are different: • authorised court officer—any party can appeal the decision made in a detailed assessment proceeding (CPR 47.21) ◦ this is dealt with under CPR 47.21–CPR 47.24 and CPR PD 47, para 20.1–CPR PD 47, para 20.6 ◦ the appeal will be heard by a costs judge or a district judge of the High Court (CPR 47.22) • costs judge or district judge—the procedure for appealing against a...

Discover our 66 Practice Notes on Detailed assessment proceedings

Model form of summary assessment order (child or protected party)

Model form of summary assessment order (child or protected party) [IN THE HIGH COURT OF JUSTICE [Chancery OR King’s Bench] SENIOR COURT COSTS OFFICE [insert location] District Registry] Claim No. [insert claim number] [insert name] Claimant and [insert name] Defendant _________________________________________ SUMMARY ASSESSMENT ORDER (CHILD OR PROTECTED PARTY) _________________________________________ On [date] before Costs Judge [name of costs judge] sitting in Court [number of court of

Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives

Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives [IN THE HIGH COURT OF JUSTICE [Chancery OR King’s Bench] SENIOR COURT COSTS OFFICE [insert location] District Registry] Claim No. [insert claim number] [insert name] Claimant and [insert name] Defendant _________________________________________ FORM OF ORDER FOLLOWING DETAILED ASSESSMENT AND AUTHORISING A FURTHER PAYMENT TO THE CHILD OR PROTECTED PARTY’S LEGAL REPRESENTATIVES _________________________________________ On [date] before Costs Judge [name of costs judge] sitting in Court [number of court of known] at The Royal Courts of Justice, Strand, London UPON hearing [Counsel or Costs Lawyer] for the Claimant’s Solicitors AND UPON the

Dive into our 2 Precedents related to Detailed assessment proceedings

Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant to PD 6B 3.1? In these circumstances would the bill of costs effectively constitute a claim form for service purposes?

Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant to PD 6B 3.1? In these circumstances would the bill of costs effectively constitute a claim form for service purposes? Detailed assessment proceedings are commenced when the receiving party serves on the paying party the notice of commencement, a copy of the bill of costs and, if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings. Note that CPR PD 47, para 5.4 provides that where the notice of commencement is to be served outside England and Wales the date to be inserted in the notice for the paying party to send points of dispute is a date (not less than 21 days from the date of service of the notice) which much be calculated be reference to section IV of CPR 6 as if the notice were a claim form and as if the...

Where a consent order provides for one party to pay the other’s costs but is silent as to the payment of interest on any unpaid costs, will interest automatically accrue where it is not provided for in the order? Will a costs order be classed as a judgment debt?

Where a consent order provides for one party to pay the other’s costs but is silent as to the payment of interest on any unpaid costs, will interest automatically accrue where it is not provided for in the order? Will a costs order be classed as a judgment debt? This Q&A assumes that the query relates to the payment of interest on unpaid costs, rather than the payment of interest generally. Interest may be payable in family proceedings in a number of circumstances: • under section 23(6) of the Matrimonial Causes Act 1973 (MCA 1973) on deferred lump sums, only where so ordered • automatically under section 17 of the Judgments Act 1838 (JA 1838) or the County Courts (Interest on Judgment Debts) Order 1991 (1991 Order), SI 1991/1184 made under section 74 of the County Courts Act 1984 (CCA 1984) as amended by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773 (applying CCA 1984, s 74 and the 1991 Order, SI...

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PI & Clinical Negligence weekly highlights—30 May 2024

This week's edition of PI & Clinical Negligence weekly highlights includes the Automated Vehicles Act 2024, the Ministry of Justice’s Personal Injury Discount Rate expert panel meeting minutes for April 2024, case analysis of the QOCS case of Challis v Bradpiece and the Court and Tribunal Judiciary’s speech on AI in professional negligence. We also include our usual round-up of other cases and news.

QOCS applies to detailed assessment proceedings (Challis v Bradpiece)

PI & Clinical Negligence analysis: Deputy Costs Judge Roy KC has held that the qualified one-way costs shifting regime applies to detailed assessment proceedings where they arise from a personal injury claim. This is the first case in which the point has been directly addressed and will assist in providing some certainty to claimant personal injury practitioners when advising their client about the extent to which they are protected from adverse costs orders under the qualified one way costs shifting regime (QOCS). Written by David Juckes, barrister at Hailsham Chambers.

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