Detailed assessment of costs (Costs management and budgeting - Costs)- FS

Question 1

What is a Detailed Assessment of Costs

Answer 1

A formal, separate set of proceedings to determine the amount of legal costs payable, not conducted on the spot, and usually required when summary assessment is not possible.

Question 2

What event triggers the start of the detailed assessment procedure and what is the time limit for starting it?

Answer 2

The procedure must begin within 3 months of the relevant event (e.g. final judgment) by serving a notice of commencement and bill of costs on the paying party.

Question 3

What is a bill of costs, and who prepares it?

Answer 3

A document prepared by the receiving party (or their solicitor) setting out all work done and disbursements incurred in the proceedings, served on the losing party.

Question 4

What must the paying party do within 21 days of receiving the bill of costs?

Answer 4

Serve points of dispute, challenging items in the bill (e.g. excessive time, disproportionality).

Question 5

What is a default costs certificate, and when is it issued?

Answer 5

A certificate ordering full payment of the bill of costs, issued if no points of dispute are served within 21 days.

Question 6

Stages in the Detailed Assessment Process

Answer 6

1. Final judgment or triggering event
2. Receiving party prepares and serves bill of costs + notice of commencement
3. Paying party serves points of dispute (within 21 days)
4. Receiving party may serve points of reply (within 21 days)
5. If unresolved, listed for a detailed assessment hearing (oral or paper-based)

Question 7

What is a provisional assessment hearing?

Answer 7

A form of detailed assessment for lower-value cases, conducted on paper without parties attending in person.

Question 8

In a fast track trial where one party is successful, what costs order is typically made?

Answer 8

An order for costs on the standard basis, summarily assessed at the conclusion of the trial (if hearing lasted one day or less).