header-logo header-logo

17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
printer mail-detail

Summary assessment on decree

I have adopted a practice on applications for decree nisi where there is an unopposed prayer for costs of lodging a statement of costs and asking for summary assessment so that a costs order for the assessed sum can be made on pronouncement of decree but there is judicial resistance to this. What is the problem?

In principle, there is no reason why a party should not seek summary assessment of costs claimed on the grant of a decree under the standard (undefended) procedure. However, the usual time period of 24 hours for serving a schedule of costs (CPR PD 44, para 9.5(4)) will not be sufficient to enable the other party to attend and make representations, since at least 14 days’ notice must be given of an intention to attend (FPR 7.21(2)). If summary assessment is to be sought this must be made clear when the application for decree nisi is made so that a suitable time estimate can be given for the assessment to be conducted on pronouncement or at a separate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll