Injunctions: Summary Assessment Flashcards
Which CPR section provides for the procedure for assessing costs by way of Detailed Assessment or Summary Assessment
CPR 44.6
What does CPR 44.6 (1) (a) provide?
Where the Court order a party to pay costs it MAY make a summary assessment of those costs
What CPR PD para. provides that the Court SHOULD consider summary assessment where not ordering fixed costs?
CPR PD 44 Para 9.1
What do CPR PD 44 para 9.2 a) and b) provide?
The general rule is that the Court should make a SA at:
a) the conclusion of a FT trial and
b) at the conclusion of any other hearing lasting less than a day
UNLESS there is good reason not to do so
What CPR PD para. sets out that SA is the usual procedure for interim applications which are disposed of in no more than 1 day
CPR PD 44 para 9.2 a) and b)
The general rule is that the Court should make a SA at:
a) the conclusion of a FT trial and
b) at the conclusion of any other hearing lasting less than a day
UNLESS there is good reason not to do so..
What may constitute good reason not to summarily assess at the conclusion of a FT trial or at the conclusion of a hearing lasting less than a day under CPR PD 44 para 9.2 a) and b)
E.G. Where the PP shows substantial grounds for disputing the sum claimed so costs cannot be dealt with summarily
Under which CPR PD para do the parties have a duty to assist the Court when making a summary assessment of costs?
CPR PD 44 Para 9.5 (1) Duty to Assist
What does CPR PD 44 para 9.5 (3) provide?
N260 / Statement of Costs / Schedule of Costs Each party intending to claim costs must prepare and file either a Statement of Costs (N260) or a schedule of costs
What are the timeframes as set out in CPR PD 44 para 9.5 (4) for filing a Statement of Costs (N260) or schedule of costs?
Not less than 2 days before a FT trial or Not less than 24 hours before any other hearing
What does CPR PD 44 para 9.6 provide
Any failure to comply with filing an N260 Statement of Costs or Schedule of costs, not less than 2 days before a FT trial or Not less than 24 hours before any other hearing WILL BE CONSIDERED when looking at the costs
What authority does the Court have to adjourn the SA to a further hearing if it cannot consider the SA at the end of the hearing, EG if it runs out of time?
CPR PD 44 para 9.7 Adjourn / Same judge If the Court cannot summarily assess costs at the end of a hearing, it may adjourn the SA to a further hearing before the same judge
What does CPR PD 44 para 9.10 provide?
Disproportionate / Unreasonable costs The Court will not approve disproportionate or unreasonable costs
Which CPR section provides that summarily assessment costs are payable within 14 days unless there is an order to the contrary?
CPR 44.7
What does Williams & Gergiou v Wayne Hardy Builders 2014 determine?
Failure to file N260 24 hours before the hearing = No costs allowed
McDonald v Taree Holdings 2000?
Failure to file an N260 24 hours before the hearing SHOULD NOT deprive a party to his costs entirely.
