Q&As

What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment proceedings commenced out of time?

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Published on LexisPSL on 26/01/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment proceedings commenced out of time?
  • Time limit for commencing detailed assessment proceedings
  • Failure to start on time

What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment proceedings commenced out of time?

Time limit for commencing detailed assessment proceedings

Detailed assessment proceedings must be started within three calendar months (CPR 2.10) of the event that gives the receiving party the right to detailed assessment (CPR 47.7). Alternatively within the time period specified by any direction of the court (CPR 47.8).

The three month period is calculated as follows:

  1. following a judgment, direction, order, award or other determination: three months after the date of judgment, etc. Where detailed assessment is stayed pending appeal, three months after the date of the order lifting

  2. following discontinuance under CPR 38, three months after service of the notice of discontinuance under CPR 38.8 or three

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