Summary assessment (prior to April 2013) [Archived]
Summary assessment (prior to April 2013) [Archived]

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

  • Summary assessment (prior to April 2013) [Archived]
  • What is summary assessment?
  • When does the assessment take place?
  • Informing the client
  • Fast track trial costs
  • Payment and enforcement of summary assessment cost orders
  • Summary assessment and additional liability
  • Agreeing the costs of the application
  • Summary assessment in appeals hearings
  • Appealing an order on summary assessment

Archived: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.

What is summary assessment?

Summary assessment is the procedure used to assess the costs of an application at the hearing of that application (old rule 43.3).

The usual order will be that these costs are payable within 14 days, but the court can vary the time period.

For further guidance, see the Guide to the Summary Assessment of Costs published by the Senior Courts Costs Office.

The general rule under old practice direction 44, para 13.2 is that the court should order summary assessment of costs:

  1. at the end of a fast track trial

  2. at the end of a hearing of not more than one day. If the hearing disposes of the whole action the costs order may deal with the costs of the whole claim

  3. in certain Court of Appeal hearings

However, the court will only order summary assessment of costs when a party seeks its costs of an application.

Note: a costs order is generally only made for a specific application and so the court is unlikely to summarily assess costs of a case management conference which only deals with directions. The costs of such a conference are likely to be 'costs in the case'.

The court will not order summary assessment of costs for:

  1. an additional liability

  2. the

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