ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions for summary assessment of costs are set out in CPR 44. The provisions changed on 1 April 2013. The changes which took place then were: • meaning—previously in rule 43.3 now found in CPR 44.1. It means the procedure whereby costs are assessed by the judge who has heard the case or application • general provisions—previously in CPR PD 44, para 13.1 to 13.13 and CPR PD 44, para 14. Now found in CPR PD 44, para 9.1 to CPR PD 44, para 9.10. Note: changes are ◦ deletion of summary assessment in relation to Court of Appeal hearings ◦ deletion of provisions dealing with ‘Additional Liabilities’—a term which arises in litigation funding and which

This Practice Note provides an overview of the key points for consideration in respect of summary assessment. It should be read as a starting point and in conjunction with the following Practice Notes, which provide further, more comprehensive information: • Summary assessment—principles • Summary assessment—the process • Summary assessment—statement of costs What is summary assessment? Summary assessment is defined under CPR 44.1 as the procedure where costs are assessed by the judge who decided the case or application. Summary assessment can also be undertaken at a later date by a different judge if they could have decided the claim or application which gave rise to the costs order and where there is good reason for this to happen (CPR 44.6(2)). Summary assessment is considered to be more of a broad brush assessment of a party’s costs compared to costs that are assessed by way of detailed assessment. For an overview of the key points for consideration in respect of detailed assessment, see Practice Note: Detailed assessment—a guide for dispute resolution lawyers. When

This Practice Note highlights guidance relating to summary assessment for cases proceeding in the Commercial Court, King’s Bench Division (KBD), Senior Court Costs Office or Technology and Construction Court (TCC). The guidance provided in the court guides is supplemental to the provisions in the CPR and its practice directions. Commercial Court Guide The Commercial Court Guide, F13.1–F13.3 deal with costs. A summary of some of the key provisions in those paragraphs are set out below. Circumstances in which the court may summarily assess costs—applications Commercial Court Guide, para F13.1 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. The court will assess costs summarily in: (1) ordinary applications, ie ones that take less than half a day, and (2) in all cases where the schedule of costs of the successful party does not exceed £250,000. In addition, the court guide notes that parties should be prepared for the courts undertake a summary assessment even for a heavy application where the costs

This Practice Note explains what a summary assessment of costs is and sets out the key principles to understanding summary assessment, ie when summary assessment can be sought, the circumstances in which summary assessment will not take place and which members of the judiciary can undertake summary assessment of costs. For guidance on: • the summary assessment procedure, see Practice Notes: Summary assessment—the process and Summary assessment—statement of costs • requirements which are applicable in specific courts, see Practice Note: Summary assessment—court guides Note that detailed assessment, of which provisional assessment is part, is a different form of costs assessment. For insight, see: Summary assessment or detailed assessment? below, and Detailed assessment—overview. Summary assessment does not apply in fixed costs cases. For example, on appeal in Mazur v Charles Russell Speechlys (2025), it was held that the judge had erred in summarily assessing costs as, at the time of the hearing, the case had been provisionally allocated to the intermediate track and the case was therefore one which fell within the fixed costs regime under CPR

This Practice Note provides guidance on what a statement of costs is and how to complete one. It covers the additional issues of whether the costs associated with producing the statement are recoverable, the filing and service of the document together with the relevant deadlines and what happens if these deadlines are missed. Note, CPR PD 44, para 9.1 provides that the court should consider whether to make a summary assessment of costs whenever it makes an order as to costs which does not provide only for fixed costs. The extended fixed recoverable costs regime generally applies to most civil cases that are valued at no more than £100,000, which are issued on or after 1 October 2023. For cases that come within the fixed costs regime, costs will not be summarily assessed unless there is a claim for an amount of costs exceeding fixed recoverable costs. For further information generally on fixed costs, see: Fixed costs—overview. References in this Practice Note to fast track cases are to non-fixed costs cases which come within the fast

Archived: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only. What is a statement of costs? In order for the court to be in a position to assess the parties' costs, the party seeking an order for costs against another party must produce a 'statement of costs' in Form N260. This sets out all costs claimed in the application or the case. The information you are required to provide in Form N260 is set out in practice direction 44 para 13.5(2). Costs of producing the statement of costs In some cases a lot of time may need to be spent in producing the statement of costs. Perhaps surprisingly there is no authority on whether these costs can be recovered. Solicitor recovery of costs from the client There is an argument that these costs should be irrecoverable. This is because the solicitor should prepare such a budget for its client in any event and the cost of producing the budget

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 • oral submissions • 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

Under section 279(1) of the Insolvency Act 1986 (IA 1986), a bankrupt is automatically discharged from their bankruptcy at the end of the period of one year beginning on the date that the bankruptcy order is made. It is, however, desirable in certain circumstances for an application to be made to the court for an order suspending that automatic discharge. This summary checklist and timeline deals with applications for the suspension of automatic discharge from bankruptcy, and shows each stage from drafting the application for issue through to the making of the suspension from discharge order, and matters that need to be dealt with after the making of the order. This checklist and timeline does not apply to criminal bankruptcies under IA 1986, ss 264 and 280, nor to applications by the official receiver (OR) under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.104(5) following the adjournment of a public examination. Step/action Time (days) Section/rule 1. The

Annulment: bankruptcy order ought not to have been made One of the grounds provided for in section 282 of the Insolvency Act 1986 (IA 1986) upon which a bankrupt can apply to have their bankruptcy annulled is where it is claimed that the bankruptcy order ought not to have been made. This Checklist and timeline summarises the process for annulment applications made under this ground, and shows each stage from drafting the application for issue through to the making of the annulment order, and matters that need to be dealt with after the making of the order. This Checklist and timeline does not apply to annulment applications made under the alternative ground set out in IA 1986, s 282, namely where the costs, expenses and claims of the bankruptcy estate are paid in full or secured for. For a Checklist and timeline for applications made on that alternative ground, see: Summary checklist and timeline for annulment applications where payment in full—the position under

Annulment: payment in full One of the grounds contained in section 282 of the Insolvency Act 1986 (IA 1986) upon which a bankrupt can apply to have their bankruptcy annulled is where they are able to pay in full the costs, expenses and claims of the bankruptcy estate, or alternatively to provide security for the same. This Checklist and timeline summarises the process for annulment applications made under this ground, and shows each stage following payment of the costs, expenses and claims of the bankruptcy estate through to the making of the annulment order, and matters that need to be dealt with after the making of the order. This Checklist and timeline does not apply to annulment applications made under the alternative ground set out in IA 1986, s 282(1)(a), namely where it is claimed that the bankruptcy order ought not have been made. For a Checklist and timeline for applications made under that alternative ground, see: Summary checklist and timeline for annulment applications where bankruptcy order ought

Checklist and timeline This summary checklist and timeline is drafted from the perspective of a claim being commenced under sections 339 and/or 340 of the Insolvency Act 1986 (IA 1986) by a trustee in bankruptcy (trustee). Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the debtor’s bankruptcy and the matters giving rise to the claim(s) against the respondent(s) (who would typically be the recipients of the payments/transactions). This would include obtaining the books, papers or records relating to the bankrupt’s estate or affairs which are required to be delivered up to the trustee and interviewing, among others, the bankrupt, the bankrupt’s spouse, former spouse, civil partner or former civil partner and any person appearing to be able to give information about the bankrupt or their dealings, affairs or property. No limit (subject to limitation) IA 1986, ss 365–366 2. Prepare and issue the application containing the information set out at Insolvency (England and Wales) Rules 2016 (IR 2016),

Checklist and timeline This summary checklist and timeline is drafted from the perspective of a claim being commenced under sections 238 and/or 239 of the Insolvency Act 1986 (IA 1986) by either an administrator or a liquidator, and not by an assignee of any such claim. Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s) (who would typically be the recipients of the payments/transactions). This would include obtaining the company's books, records, accounting information/statements and bank statements, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It should be noted that when the office-holder threatens a claim against the respondent(s), the office-holder is at risk of losing the powers of investigation under IA 1986, ss 235–236 in respect of that claim. No limit (subject to limitation) IA 1986, ss 234–236, 238, 239Cloverbay