Detailed assessment—commencement

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Detailed assessment—commencement
  • Use of electronic filing in the SCCO
  • Must proceedings have been concluded?
  • When are proceedings concluded?
  • Can continuing proceedings be treated as concluded?
  • Is an appeal a separate proceedings for costs purposes?
  • Must detailed assessment be carried out at the end of proceedings?
  • Where can detailed assessment be commenced (appropriate office)
  • How are detailed assessment proceedings commenced?
  • What documents need to be served or filed?
  • More...

Detailed assessment—commencement

Use of electronic filing in the SCCO

The Electronic Working Pilot Scheme set out in CPR PD 51O is mandatory for legally represented parties in the Senior Courts Costs Office. For guidance, see Practice Note: CE-File—electronic filing in the Senior Court Costs Office.

Must proceedings have been concluded?

The general rule is that detailed assessment of costs is not to be carried out until the conclusion of proceedings (CPR 47.1). The defendant to detailed assessment has the right to challenge the commencement of detailed assessment on the basis that it is premature (CPR PD 47, para 1.3). This right is usually exercised by application to set aside the notice of commencement or to strike out the proceedings, see Practice Note: Summary judgment and strike out—overview.

When are proceedings concluded?

For the purposes of CPR 47.1, proceedings are concluded when the court has finally determined the matters in issue in the claim (whether or not there is an appeal) or made an award of provisional damages under Part 41 (CPR PD 47, para 1).

Proceedings will be considered to have been concluded if:

  1. judgment has been given

  2. they are discontinued by the claimant, or

  3. a party accepts an offer to settle under Part 36

There are a number of authorities in which it has been clearly stated that the term ‘proceedings’ is ‘not a term of art’, for example the

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