header-logo header-logo

Summary assessment on decree

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

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: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll