- Detailed assessment proceedings cannot be commenced by serving documents piecemeal (McMinn v Higson)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: A default costs certificate was set aside because the receiving party had served the documents required to commence detailed assessment proceedings on a piecemeal basis. The Master concluded this meant that service had not been properly effected. Consequently, the receiving party had not been entitled to the default costs certificate. Written by Alex Bagnall, technical manager at Total Legal Solutions.
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