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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll