Detailed Assessment

Question 1

Detailed Assessment:
9. CPR 47.1 - when

10. CPR 47.6(1) - commenced by
11. CPR 47.6(2) - RP must also serve
12. CPR 47.7 - period for commencing

Answer 1

Detailed Assessment:
9. CPR 47.1 - at conclusion of proceedings.
10. CPR 47.6(1) - commenced by RP by serving on the PP NOC and copy BOC
11. CPR 47.6(2) - RP must also serve copy on any other relevant persons specified in CPR Practice Direction 47 (e.g. financial interest).
12. CPR 47.7 - period for commencing - within 3 months of the event that gives rise to entitlement.

Question 2

The Bill of Costs and Right to Recover Costs
26. The electronic bill needed for all

27. CPR PD 47 para 5.7 – content
28. 5.8 and 5.9 – Parts -
29. 5.10 – Title page must set out –
30. 5.11 – Background info –
31. 5.12-5.17 – sets out in further detail inc.

Answer 2

The Bill of Costs and Right to Recover Costs
26. The electronic bill: for all CPR Part 7 multitrack, for all work undertaken after 6 April 2018, must be via Electronic Bill.
27. CPR PD 47 para 5.7 – Tite page, background info, items of costs claimed under headings, summary of total on each page, schedules of time spent on non-routine attendance, certifications
28. 5.8 and 5.9 – Parts - Sometimes need separate parts e.g. inter partes and legal aid)
29. 5.10 – Title page must set out – full title of procs, name of party whose bill is and description of document giving right to assessment, VAT no., details of legal aid certs
30. 5.11 – Background info – should set out brief description up to date of notice of commencement, statement of status of legal reps who are claiming costs and details of their hourly rates. Details of any agreement/arrangement between party and legal rep, affecting the costs claimed.
31. 5.12-5.17 – sets out in further detail inc. re Heads of costs, Routine comms, certifications to be included and the document giving right to assessment

Question 3

The indemnity principle and retainer:
32. The indemnity principle simply provides that

33. JH Milner v Percy Bilton [1966] - The retainer is
34. Bailey v IBC [1998] - Signature on bill required to
35. Barking, Havering and Redbridge UH v AKC [2021) -

Answer 3

The indemnity principle and retainer:
32. The indemnity principle simply provides that the receiving party cannot recover more costs from the paying party than he himself would be liable to pay his own solicitors.
33. JH Milner v Percy Bilton [1966] - The retainer is fundamental to the right to recover costs. Where there is no retainer there is no entitlement to charge, there is no business relationship. A retainer must be enforceable in order to charge the client and recover costs inter partes.
34. Bailey v IBC [1998] - Signature on bill required to show IP not been breached. (Mis-certification is disciplinary issue)
35. Barking, Havering and Redbridge UH v AKC [2021) - Not certified if signature not identifiable.

Question 4

Next Procedural Steps – PODS, DCC, Replies, Request for Hearing
PODS
36. CPR 47.9(1) - PoDS
37. CPR 47.14(6) - limit
38. CPR PD 47, 8.2 – need to be
39. Ainsworth v Stewarts LLP (2020) – should allow Ct to

Answer 4

Next Procedural Steps – PODS, DCC, Replies, Request for Hearing
PODS
36. CPR 47.9(1) - PP may dispute any item in BOC by serving PODs, up to 21 days after service NOC,
37. CPR 47.14(6) - only items in PODS may be raised at hearing (unless Ct gives permission)
38. CPR PD 47, 8.2 – To be short and to point
39. Ainsworth v Stewarts LLP (2020) – should allow Ct to identify precisely what dispute and why

Question 5

DCC
40. CPR 47.9(4) - The RP may

41. CPR 47.11 - DCC App on
42. CPR 47.12 – PP can apply to

Answer 5

DCC
40. CPR 47.9(4) - The RP may file request for DCC if RP not filed PODs within the 21 days
41. CPR 47.11 - DCC App on Form N254, will include an order to pay costs to which DCC relates., plus fixed costs and ct fee
42. CPR 47.12 – PP can apply to set aside DCC if RP was not entitled to apply or had good reason for delay (i.e. relief from sanctions – Denton 3 stage test)

Question 6

Replies
43. CPR47.13 – RP to serve within and must

Answer 6

Replies
43. CPR47.13 – RP to serve replies (Precent G) within 21 days of PODS service. Must be limited to points of principle and concessions. Not general denials, specific denials or standard form responses.

Question 7

Request for a Hearing:
44. CPR 47.14 - RP must file

45. with following docs

Answer 7

Request for a Hearing:
44. CPR 47.14 - RP must file request for DA Hearing within 3 months of expiry of period for commencing DA proceedings.

45. N258 & NOC, Bill, Order/Judgment/Doc giving right to DA, PODS, Replies, other orders, ree notes and written evidence of disbursements (over £500).

Question 8

The Assessment – a few points
1. Proportionality - West v. Stockport NHS (2020)

2. Budgets – rem if exceed > 20%,

Answer 8

The Assessment – a few points
1. Proportionality - was some uncertainty how to apply. COA now provided degree of certainty. 2 stage test – once reasonableness considered, Ct should remove all unavoidable costs b4 making any deductions to reach proportionate figure (West v. Stockport NHS (2020)

2. Budgets – rem if exceed > 20%, must file statement of reasons. CPR3.18 – Ct will not depart from last approved/agreed budget without GOOD REASON