Assessment Procedure PDF Print E-mail

We handle the detailed assessment procedure from delivering the bill to the paying party; considering their objections and proposals and advising whether proposals made should be accepted, negotiated or move to the lodgement.



We operate a strict timetable: points of dispute within the prescribed timetable, replies prepared - we keep you fully advised on progress. Local court practice directions (particularly Manchester and surround) requirements dealt with. Guaranteed attendance on detailed assessment. Representation by experiences Costs Draftsman or Counsel. Report and bills made up to conclude.

The procedure undertaken on civil matters will be to consider your instructions and files. Where suitable prepare schedule and submit with vouchers to the other side. If there is no response within fourteen days or no realistic offer raised on the schedule, then we would proceed to the following timetable:



1. Prepare bill of costs and give the paying party one further opportunity to make a realistic offer. We would raise the issue of costs at that stage of the detailed assessment should it prove necessary to progress matters through the procedural requirement and conclude at a detailed assessment with the costs consequences arising thereat.


2. Detailed assessment lodgement.


3. Points of dispute received and replies prepared.


4. Further offer, possible counter offer


5. Lodgement fee of £300 and request for date and timetable.


6. Directions order (Manchester and North)


7. Narrowing issues


8. Detailed assessment therein.



Have in mind that we work for both Defendant and Claimant firms. CPD35.1 and CPR.4713 and 4714 (7) need to be addressed in detail.



Have in mind also a recent decision Middleton -v- Thorncroft Ltd and others 6SO05696. Issue of an amendment to the CPR relating to the recoverability of the after the event insurance premium, staged ATE premiums requiring statement of reasons and Court discretion in relation to a breach of the procedural rules.



See CPR 44.3B and the change in paragraph 9.3 of the Practice Direction (pre-action conduct).



32.5(iii) of the Costs Practice Direction requires a statement of reasons in respect of any success fee to be served on the paying party. The above case sets out the new rules and guidelines and requirements in regard thereto.



Recent case law considers the issue of winning. The correct track and therefore the recovery on costs Morgan -v- The Spirit Group Limited (2011 EWCA CIV 68). A previous decision but referred to in that case is Drew -v- Whitbread (2010 EWCA CIV 53). The decision of Carver -v- BAA (2008 EWCA CIV 412) has been overtaken in most aspects.