This Practice Note considers the process for summary assessment, the steps to be taken by the parties where a summary assessment is undertaken and enforcement of summary assessment costs orders.
The application
No formal application notice is required for a summary assessment of costs to be carried out. At the end of the court hearing of the application or the substantive hearing in which summary assessment may be appropriate, the successful party that wants to recover their costs of the hearing will simply need to make an oral request to the judge that they summarily assess costs.
The application may then be dealt with by using either one of the following or a combination:
- •
the court provides the parties with time to seek to agree costs
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oral submissions
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written submissions
Prior to the hearing
In order to make the process of summary assessment at the hearing as smooth as possible there a number of steps that can be taken prior to the hearing.
Duty to the court
Where the general rule applies in relation
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