Q&As

Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant to PD 6B 3.1? In these circumstances would the bill of costs effectively constitute a claim form for service purposes?

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Published on LexisPSL on 16/08/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Could service of detailed assessment proceedings on a defendant domiciled abroad fall within the statutory gateway for enforcing a judgment pursuant to PD 6B 3.1? In these circumstances would the bill of costs effectively constitute a claim form for service purposes?

Detailed assessment proceedings are commenced when the receiving party serves on the paying party the notice of commencement, a copy of the bill of costs and, if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings.

Note that CPR PD 47, para 5.4 provides that where the notice of commencement is to be served outside England and Wales the date to be inserted in the notice for the paying party to send points of dispute is a date (not less than 21 days from the date of service of the notice) which much be calculated be reference to section IV of CPR 6 as if the notice

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