Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp analyses Magomedov v Rabinovich, in which the court concluded CPR Part 47 provides a self-contained code that does not confer such jurisdiction. The judge warned that adopting a 'novel interpretation' of the rules could create unnecessary satellite litigation.
Dunkley argues, however, that the judgment sidesteps the more fundamental question of whether detailed assessment proceedings amount to a separate 'claim' for CPR purposes. She contrasts the decision with Solicitors Act assessments and suggests a more holistic approach would better reflect the substance of the proceedings. The ruling is likely to prompt continued debate among costs practitioners about the scope of CPR 25.




