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Sunday 05th September 2010 | |||
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Negotiation & Assessment Detailed assessmentDetailed Assessment (Part 47) Detailed assessment is the process by which court officers closely examine the way costs have been incurred. Generally this is between parties although a solicitor’s bill to his own client can be scrutinised in this manner. Detailed assessment should take place at the conclusion of a case (whether by Judgment or settlement) and should not be stayed pending an appeal (47.2). The assessment is undertaken in the court where the litigation was conducted, either by district judge, or in the case of the High Court the specialist unit: The Supreme Court Costs Office. Large or complex matters can be transferred to this unit (47.4). Offers and costs of detailed assessment process. Offers should normally be made within 14 days of receipt of the Notice of Commencement (47.19/PD 46). Offers made outside that period are likely to be given less weight by the costs officers. RL Wills & Ors v. GD Barrett & Ors [2003] EWHC 1718 (Ch) Peter-Smith J. Although offers made against an LSC client's bill are often ineffective (PD 46.4), an informal offer is still worth making Summers v Naylor and Sotori v Smetham Current Law June 1998. Remember that an offer must be realistic and you would do well to compare your own fees first - the Court may ask you to do so at a later date. If you are going down the Detailed Assessment route a good starting point is to work out what the Defendant would achieve if they won every single Point raised - it is far from unheard of for them to raise Points worrth £10,000 reduction and then make a "bullish" offer of £25,000 reduction - in those circumstances you would fight on. The Detailed Assessment Hearing. If the proceedings were undertaken in the High Court London, then the costs are assessed at the Supreme Court Costs Office by a Costs Judge. Elsewhere costs are assessed by District Judges. Almost all Costs Judges and District Judges have been practising solicitors. Hearings are conducted in chambers and are the domain of Costs Draftsmen hopefully supported by the conducting solicitor. Appeals. Appeals from costs officers, costs clerks in the SCCO, are to a costs judge or district judge (47.21) and are by way of a rehearing (47.23). Appeals against district judges or costs judges are to a judge in chambers sitting with assessors and the usual rules of appeal and evidence apply (Part 52). Summary of time limits
Back to top 1. Negotiating costs 3. Raising conduct on detailed assessment 4. Supreme Court Costs Office - Fees 5. Summary assessment |
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