Q&As

In what circumstances is a receiving party able to claim for the time spent in receiving letters/emails from the paying party and the client?

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Published on LexisPSL on 27/04/2017

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

  • In what circumstances is a receiving party able to claim for the time spent in receiving letters/emails from the paying party and the client?
  • The costs of the detailed assessment proceedings
  • Summary assessment proceedings
  • Court approval

In what circumstances is a receiving party able to claim for the time spent in receiving letters/emails from the paying party and the client?

The costs of the detailed assessment proceedings

The costs of detailed assessment proceedings will usually be summarily assessed at the conclusion of those proceedings (Civil Procedure Rules 1998 (CPR 47.20(5)) however, in an exceptional case these costs may also be subject to detailed assessment (see The Senior Courts Costs Office Guide, para 13.1(c)).

Where the paying party has put the receiving party to the task of justifying the costs claimed before a court, the presumption is they will be responsible for the costs of having done so, see: Award of costs: Cook on Costs [28.49]. The court can, of course, make a different order (CPR 47.20(1)(b)).

There is no express provision providing that the general procedure for summary assessment applies to the costs of detailed assessment proceedings, however, in the absence of an express provision to the contrary, the procedure set out in CPR Practice Direction 44, at para 9.1 (CPR PD 44, para 9.1) onwards provide a useful

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