The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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.
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:
‘claimant’ refers to the receiving party (CPR 47.20(4)(a))
‘defendant’ refers to the paying party (CPR 47.20(4)(a))
‘trial’ refers to the detailed assessment hearing (CPR 47.20(4)(b))
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))
'judgment being entered' refers to the completion of the detailed assessment (CPR 47.20(4)(e))
'judgment' being advantageous or otherwise are references to the outcome of the detailed assessment (CPR 47.20(4)(e))
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234