Full notes on costs in different tracks. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. Contains extensive but easily comprehensible detail includi...
For multi-track cases, usually a detailed assessment of costs is ordered. These are separate proceedings.
HOW ARE ASSESSMENT PROCEEDINGS COMMENCED?
The receiving party is to commence proceedings by serving the paying party:
(a) notice of commencement in Form N252
(b) a copy of the bill of costs;
(c) copies of the fee notes of counsel and any expert
(d) written evidence as to any other disbursement claimed which exceed £500;
(e) a statement giving the name and address for service of any person upon whom the receiving party intends to serve the
notice of commencement;
(f) if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings.
Scrutinising bill of costs:
who attended court – Grade A or paralegal?
Status of the fee earner / Fee earners on specific tasks – could paralegal done it?
Length of time it took to do the work
PD 47 para 5.13 – communications means letters out and emails out and telephone calls – letter/email in are not
to be charged separately to ‘out’ letter/emails.
o Letter/email out – have to be charged at normal 6 mins
Travel costs to and from court – local travel (within 10 miles approx) expenses are not recoverable
Time spent on smaller tasks such as preparing a witness statement/prepping for an interim application for extend
time?
Is the hourly charging rate exceeding the guidelines – see Appendix A22.
Time waiting – can be charged (but is the amount reasonable)
Postage/couriers/out-going calls – not allowed
Costs or court fees related to the cost assessment proceedings – not allowed – but reasonable costs of prepping
and checking bill of costs could be allowed – PD 47 para 5.19
Photocopying – generally not allowed – court has discretion.
A claim for an interim hearing and the order from the judge was ‘D’s costs for the case’ = and order for C’s costs
in the case = if C wins C will get costs but if it says ‘D’s costs in the case’ = costs will be awarded to D. So C cannot
claim for those costs. (??)
CHALLENGING THE BILL:
A party can challenge the o/s bill but must do so within 21 days from being served the notice of the commencement of the
assessment proceedings. The party will serve points of dispute on the receiving party’s bill of costs (r47.9).
The receiving party then has 21 days to serve their reply to the disputes – r47.13 and file a request for an assessment
hearing within 3 months before the expiry of the period for commencing those proceedings.
If the paying party does not challenge the bill = receiving party can apply for a default costs certificate which will include
an order for costs to be paid - which can only be set aside by the paying party for good reason.
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