Jackson reforms on costs assessment and costs orders—one year on [Archived]
Jackson reforms on costs assessment and costs orders—one year on [Archived]

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

  • Jackson reforms on costs assessment and costs orders—one year on [Archived]
  • What we have learnt—detailed assessment
  • What we have learnt—provisional assessment
  • What we have learnt—costs orders

ARCHIVED: This Practice Note is archived and for historical reference only.

What we have learnt—detailed assessment

Some of the more interesting judgments have been those where the courts have had to consider how different rules within the CPR interact. These judgments emphasise the need to consider not only the CPR provision you might think is on point but also others which may have an impact. This was seen in the decision in Baker which considered the interplay between CPR 47.9(3), CPR PD 47, para 8.1, CPR 3.1(2)(a), CPR 2.11 and CPR 3.9.

CPR 47.9 provides that the period for serving the points of dispute is 21 days after service of the notice of commencement of detailed assessment. CPR PD 47, para 8.1 provides that the 21 day period may be either extended or shortened by agreement (CPR 2.11) or by the court (CPR 3.1(2)(a)) and there is no requirement for such an agreement or order to be obtained prior to the expiry of the 21 day period. However, if the points of dispute are served after the 21 days, CPR 47.9(3) provides that 'that party may not be heard further in the detailed assessment proceedings unless the court gives permission'. Consequently, it appears that whilst an application under CPR 3.1(2)(a) can be made out of time with no sanction being