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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll