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Detailed Assessment Proceedings CPR Part 47 Peter Jones Costs Manager D etailed Assessment proceedings can be a complex minefield which can cause confusion from Litigants in Person to professionals in the legal industry. Draconian sanctions can be applied (for example failure to serve a certain document with the Notice of Commencement – CPD32.3) or even in relation to Counsel’s fees (for example CPD 20.4 states if Counsel’s success fee is challenged in the Points of Dispute, these must be sent to Counsel within 3 days of service, who in turn must respond within 10 days if he accepts the reduction and failure to comply means Counsel automatically accepts the reduction). Below and the flowchart to the right set out a simplistic step by step guide as to how to proceed through the Detailed Assessment procedure. PERIOD FOR COMMENCING PROCEEDINGS (CPR 47.7) Within 3 months after date of: • Judgement, direction, order or other determination; • Discontinuance under CPR Part 38; • Notice of Acceptance of Part 36 offer DELAY IN FILING NOTICE OF COMMENCEMENT/REQUEST FOR ASSESSMENT HEARING (CPR 47.8) If the receiving party commences proceeding (or fails to file a request for assessment hearing) out of time, the court may disallow all or part of the interest otherwise payable The paying party may apply for an order requiring the receiving party to commence proceedings or file a request for an assessment hearing The court may disallow all or part of the receiving party’s entitlement to costs if proceedings not commenced (or request 4 for assessment hearing not filed) within the time specified by the court when allowing the application DELAY IN FILING POINTS OF DISPUTE Party may not be heard further in detailed assessment proceedings without court’s permission (CPR 47.9(3)) COSTS AGREED Either party may apply for an interim or final costs certificate in the agreed amount (CPR 47.10) SETTING ASIDE/VARYING A DEFAULT COSTS CERTIFICATE (CPR 47.12) Court may set aside/vary default costs certificate if issued incorrectly or there are good reasons for detailed assessment proceedings to continue (CPR 47.12(2)) Receiving party must apply to set aside default costs certificate or for directions if subsequently becomes aware that notice of commencement not received 21 days before certificate issued (CPR 47.12(3)(c)) Please be aware this procedure does not apply to cases operating in Leeds, Scarborough and York County Courts pursuant to Practice Direction 51E operating from 1 October 2010 to 31 March 2013, which is a pilot scheme whereby the Courts will undertake a provisional assessment for cases where Detailed Assessment proceedings are commence after 1 October 2010 and base costs are less than £25,000. This I hope provides a useful step by step guide as to how to commence and finalise Detailed Assessment Proceedings. If you wish to discuss this procedure further please called Peter Jones, Costs Manager on 01480 463 499.