Part 36 and detailed assessment
Part 36 and detailed assessment

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

  • Part 36 and detailed assessment
  • Can you make a Part 36 offer in detailed assessment proceedings?
  • Part 36 in detailed assessment—dealing with interest
  • Part 36 in detailed assessment—the 10% uplift
  • Part 36 in provisional assessment—the provisional assessment cap

This Practice Note considers the application of CPR 36 where Part 36 offers are made to settle detailed assessment proceedings commenced under CPR 47.

For guidance generally on CPR 36, see: Part 36 offers—overview.

For guidance generally on detailed assessment, see: Detailed Assessment—overview, which includes guidance on settling detailed assessment proceedings outside of the CPR 36 regime, see Practice Note: Detailed assessment—costs, settlement and agreement.

Can you make a Part 36 offer in detailed assessment proceedings?

A settlement offer under CPR 36 can be made and accepted during detailed assessment.

During detailed assessment modified provisions in CPR 36 apply, as provided for in CPR 47.20. The following modifications are in respect of terminology:

  1. ‘claimant’ refers to the receiving party (CPR 47.20(4)(a))

  2. ‘defendant’ refers to the paying party (CPR 47.20(4)(a))

  3. ‘trial’ refers to the detailed assessment hearing (CPR 47.20(4)(b))

  4. a detailed assessment hearing is 'in progress' from the time when it starts until the bill of costs has been assessed or agreed (CPR 47.20(4)(c))

  5. 'judgment being entered' refers to the completion of the detailed assessment (CPR 47.20(4)(e))

  6. 'judgment' being advantageous or otherwise are references to the outcome of the detailed assessment (CPR 47.20(4)(e))

  7. detailed assessment proceedings are to be regarded as an independent claim for the purposes of CPR 36.17 (CPR 47.20(7))

In addition to the above, the wording in CPR 36.14(7) (which is concerned