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Sunday 05th September 2010 | |||
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Negotiation & Assessment Summary assessment1. Necessity. 44.7 Practice Direction 13.2 states that the general rule is that the Court must consider whether to make a Summary Assessment of the costs (a) at the conclusion of the trial of a case which has been dealt with on the fast track (when the costs of the action will be assessed) and (b) at the conclusion of any other hearing which has not lasted more than one day. There should be no Summary Assessment of costs where a receiving party is publicly funded (4.9). Certain further rules exempt mortgagees (13.3). If the costs of an interim hearing cannot be agreed then the court will assess those costs but the parties will be unlikely to recover the costs of their attendance (13.4). 2. Form. The rules prescribe form N260 to be filled in which requires details of hourly rates, grades of fee earner, disbursements, anticipated costs for the hearing itself and VAT (if recoverable). Generally if your client is VAT registered then no VAT can be claimed inter partes. The statement of costs should be filed and the copies of it should be served as soon as possible and in any event not less that 24 hours before the date fixed for the hearing (13.5(4)). A breakdown for summary assessment is not required for the costs of a detailed assessment hearing (PD 45.3). 3. Avoiding them. It is possible to avoid a Summary Assessment on the basis that there is good reason not to do so (4.4(B)). For example where there are substantial grounds for disputing the sum claimed; where there is insufficient time; and for example, where the indemnity principle is raised. Back to top 1. Negotiating costs 2. Detailed assessment 3. Raising conduct on detailed assessment 4. Supreme Court Costs Office - Fees |
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