Summary assessment—court guides

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

  • Summary assessment—court guides
  • Summary assessment in the Chancery Court
  • Summary assessment in the Commercial Court
  • Circumstances in which the court may summarily assess costs
  • Factors the court will consider
  • Summary assessment in the Queen's Bench
  • Senior Courts Costs Office Guide
  • Technology and Construction Court Guide

Summary assessment—court guides

The provisions set out in various Court Guides, some of which are summarised below, are in addition to the provisions in the CPR and its practice directions.

Summary assessment in the Chancery Court

The Chancery Guide was first published in October 2013 but has been updated on a number of occasions. The only reference to summary assessment is in the section dealing with fixed-end trials which provides that sufficient time must also be allowed for a number of things including, if appropriate, an immediate judgment, together with the summary assessment of costs.(The Chancery Guide, para 21.21).

Summary assessment in the Commercial Court

The Commercial Court Guide, F14 deal with costs. Below we set out a summary of some of the key provisions in those paragraphs.

Circumstances in which the court may summarily assess costs

Applications

Commercial Court Guide, para F14.1 notes that the rules governing the award and assessment of costs are contained in CPR 44, CPR 45, CPR 46, CPR 47 and CPR 48.

In applications, the court will give active consideration to using the summary assessment in all cases where the schedule of costs of the successful party does not exceed £100,000. However, the guide notes that parties should be prepared for summary assessment even when the costs exceed that amount (Commercial Court Guide, para F14.2).

The following cases show the different approaches taken by the Commercial Court in

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