Detailed assessment proceedings Definition

GLOSSARY

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.

View the related checklists about Detailed assessment proceedings

Old provisions relating to success fees and policy premiums—checklist [Archived]

Old provisions relating to success fees and policy premiums—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out historical provisions which were revoked on 1 April 2013 and is not maintained. However, due to transition arrangements, the provisions may continue to be relevant in proceedings where a conditional fee agreement or an insurance policy was entered into prior to 1 April 2013. These are the provisions referred to in CPR PD 48, para 1.3. Part CPR reference Provision (this is a copy of the CPR rule) Part 43Scope of costs rules and definitions 43.2(1)(a) costs includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 48.6, any additional liability incurred under a funding arrangement and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track 43.2(1)(k) funding arrangement means an arrangement where a person has—(i) entered into a conditional fee agreement...

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...

Solicitor and client costs—procedure for assessment

Solicitor and client costs—procedure for assessment This Practice Note considers how to obtain an order for assessment, the procedure to be followed, in the event that an assessment is ordered (including the documents and evidence required, the assessment hearing and the costs of the assessment). The provisions relating to the assessment of solicitors' costs are in CPR 46 and CPR PD 46, para 6.1 onwards. Note: The Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note. For further information on: • a client’s right to request and assessment, see Practice Note: Solicitor and client costs—rights to an assessment • the High Court’s jurisdiction to order the delivery by a solicitor of a bill of costs (SA 1974, s 68), see Practice Note: Solicitor and client costs—applications for delivery • the requirements of a statute bill, see Practice Note: Solicitor and client costs—statute bills • the basis of assessment in a solicitor-client assessment, see Practice Note: Solicitor and client costs—basis of assessment How to obtain...

Conditional fee agreements—assignment of a CFA

Conditional fee agreements—assignment of a CFA There are a number of situations in which a party to a CFA may wish the rights and obligations under the CFA to be transferred to a third party (usually a.new firm of solicitors)These include: • a CFA has been entered into between a client and a firm of solicitors in relation to a particular matter. The individual fee-earner dealing with the matter moves to another firm and the client wishes them to continue dealing with the matter at their new firm • a CFA has been entered into between a client and a firm of solicitors in relation to a particular matter. The client loses confidence in the firm and wishes a new firm to deal with the matter • a CFA has been entered into between a client and a firm of solicitors which subsequently goes out of business or otherwise changes its status • a CFA has been entered into between a client and a firm of solicitors which...

Discover our 104 Practice Notes on Detailed assessment proceedings

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

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

Dive into our 2 Precedents related to Detailed assessment proceedings

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained? It is easy to see why this question has arisen, not least because an expert’s fees and expenses for producing a CPR-compliant expert report may be very significant sums. It is assumed in this Q&A that the terms of the settlement reached provide for the payment of the client’s costs on the standard basis to be subject to detailed assessment if not agreed. It is also assumed that no order has been made limiting the amount which the client can recover in respect of the expert’s fees and expenses from the other side pursuant to CPR 35.4(4). Recovering the expert’s fee as part of the client’s total costs The first thing to do, following the terms of settlement being agreed (and approved by the court, if proceedings have been issued) is to write to your opponent with a breakdown of your client’s costs (including...

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

When dealing with costs in a consent order does the order have to stipulate who the paying party will be? This Q&A assumes that none of the parties are a litigant in person, child or patient. An order for costs is a judgment like any other. It therefore needs to be drafted in a way which makes it possible to understand its effect(s). The general rules in CPR 40.3 for the drawing up and filing of orders apply. In addition, CPR PD 44, para 9.4 specifically states that: ‘Where an application has been made and the parties to the application agree an order by consent without any party attending, the parties should seek to agree a figure for costs to be inserted in the consent order or agree that there should be no order for costs.’ If the purpose of the order for costs is to require one party to pay another party’s costs, that should be made clear. While it would be possible for a...

See the 22 Q&As about Detailed assessment proceedings

The effect of post-action misconduct on the default provisions of discontinuance (Elphicke v Times Media Ltd)

Dispute Resolution analysis: The claimant, a former member of parliament, sued the defendant for damage to his reputation as a result of alleged defamatory statements made. The claimant discontinued his claim before trial and sought to disapply the default position under CPR 38.6(1) that a discontinuing claimant will be liable for the successful defendant’s costs. It was necessary for Master McCloud to consider whether the court’s discretion could and should be applied. The court considered the circumstances in which the default position could be departed from and the level of conduct that would be required to justify such a departure from the usual rule. The issue of conduct which takes place after proceedings and whether this fell within the jurisdiction of the court was also considered. Written by Claire Kretzmann, associate costs lawyer at Paragon Costs Solutions.

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.

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