Costs procedure

Question 1

What types of cases do fixed costs apply to?

Answer 1

Small claims, fast track and intermediate track cases

The costs are determined by ref to table 12 in PD45 for fast track cases and table 14 PD45 for intermediate track

Question 2

When are assessed costs awarded?

Answer 2

When they do not fall under the fixed costs regime the court will need to be involved with the decision and calculations of costs

This occurs where parties are unable to agree the amount of costs one should pay to another

Question 3

How are assessed costs calculated?

Answer 3

Summary assessment and detailed assessment

Question 4

What is the summary assessment?

Answer 4

Involves the court determining the amount payable by way of costs immediately at the end of a hearing

Parties must prepare statements of costs and file and serve them on each party not less than 24 hours before the time fixed for the hearing

Question 5

When should the court use the summary assessment unless there is a good reason not to?

Answer 5

In fast track cases at the end of the trial - costs for the whole case will be assessed

At the end of a hearing of an interim application or a matter which has not lasted more than a day - costs of the interim application will be assessed

Question 6

What is the detailed assessment?

Answer 6

If parties do not agree costs, the court will using a detailed assessment

The receiving party serves a notice of commencement and a copy of its bill of costs and the paying party

Points of dispute in relation to the bill should be served on the receiving party within 21 days of the service of notice of commencement

If parties cannot agree the receiving party should file a request for a detailed assessment hearing at which the costs officer will determine the sum to be paid