Costs procedure Flashcards
Fixed Costs CPR 45
Costs which are fixed by the rules
Fixed costs apply to: uncontested disputes, enforcement proceedings and small claims
Fixed costs applies unless the court orders otherwise. CPR 45.1
Assessed Costs
Where costs do not fall under fixed costs the court will need to be involved with the decision and calculation of the amount payable by ways of costs from one party to another.
Assessment of costs occur when parties are unable to agree the amount of costs to be paid
Summary assessment
This involves the court determining the amount payable by way of costs immediately at the end of a hearing.
To enable the court to carry out a summary assessment, the parties must prepare statements of costs, file and serve them on each other.
Eg in fast track cases at the end of the trial. Costs of the whole case will be assessed
At the end of an interim application or case which lasted more than one day. In this case only the cost of interim application will be assessed.
Detailed Assessment
Detailed assessment of costs is a more complex procedure for determining the amount of
a party s costs to be paid. In outline, the procedure is as follows:
1
The court, on deciding that one party should pay the other party’s costs, orders that
they be subject to detailed assessment (if not agreed). At that point, the court makes
no attempt to set a figure on them.
2.
To commence the detailed assessment proceedings, the receiving party serves a
notice of commencement and a copy of its bill of costs (a more detailed statement of
costs than used in summary assessment) on the paying party.
3.
- Points of dispute in relation to any item in the bill of costs should then be served on
the receiving party by the paying party within 21 days of service of the notice of
commencement.
4
If the parties cannot reach agreement, the receiving party should then file a request
for a detailed assessment hearing at which a costs officer will determine the sum to
be paid.
