Detailed assessment—costs, settlement and agreement

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

  • Detailed assessment—costs, settlement and agreement
  • Recovering the costs of a detailed assessment
  • Whether the court will make a different order
  • Will the court award interest?
  • Pro bono work
  • Making an offer to settle—general
  • Making an offer to settle—written offer of settlement
  • Making an offer to settle—mediation
  • Timing of an offer
  • What happens when a settlement is reached or costs are agreed?
  • More...

Detailed assessment—costs, settlement and agreement

Recovering the costs of a detailed assessment

Following detailed assessment, the receiving party is generally entitled to the costs of the detailed assessment proceedings (CPR 47.20(1)). However, there are two exceptions which are where:

  1. the provisions of any Act, any of rules in the CPR or any relevant practice direction provide otherwise, or

  2. the court makes some other order. This may be in relation to all or part of the costs of the detailed assessment proceedings

When dealing with the issue of costs associated with the detailed assessment, the court will usually summarily assess these costs at the conclusion of those proceedings (CPR 47.20(5)).

In some cases, costs may be incurred after the conclusion of the detailed assessment. The issue of whether such costs are recoverable was considered in Bloomsbury Law Solicitors v Macpherson, an appeal heard by Warby J sitting with an assessor. In allowing this part of the appeal, he held that the timing of the detailed assessment itself cannot be a sufficient criterion as to what costs are recoverable as costs can be properly incurred after the judge makes their final decision, for example drawing up an order. Such costs are recoverable. For more information on this decision, see News Analysis: In brief: Detailed assessment; costs, proportionality; conduct; solicitors fees (Bloomsbury Law Solicitors v Macpherson).

Whether the court will make

Related documents:

Popular documents