Summary assessment or detailed assessment of costs?

Summary assessment is a procedure in which the judge assesses the amount of costs, ordinarily in connection with deciding the case or application. CPR Part 44 and its practice direction set out the relevant framework. It allows a costs decision to be made without the full separate process used for detailed assessment, where that approach is appropriate.

The receiving party generally needs a properly prepared statement of costs. Form N260 is familiar in this context, but the appropriate form and requirements should be checked for the proceedings. A clear schedule allows the judge and opponent to understand the work, rates and disbursements claimed rather than being presented with an unexplained total.

Detailed assessment proceedings determine the amount through the procedure principally governed by CPR Part 47. The receiving party presents a bill of costs, the paying party can serve points of dispute and the receiving party may respond with replies. The parties may agree the sum, or the outstanding issues may need determination by the court.

The additional structure gives space for closer examination of the claim and objections. That does not mean every item must become a contested issue. Sensible preparation separates questions of entitlement, recurring issues and individual challenges, while maintaining a realistic view of settlement and the cost of continuing.

The rules, circumstances of the hearing and the court’s order determine the position. The parties should not assume that a short hearing always produces summary assessment or that an expensive case automatically requires detailed assessment. Read the order and relevant provisions together, including any reason the court has left the amount to be assessed later.

Fixed recoverable costs are a further distinction. Where the applicable regime fixes entitlement by reference to tables and stages, the question may not be the reasonable amount of every time entry. Check whether the case is within that regime before preparing documents for a different route. The funding position and type of proceedings may also require specific consideration.

Where summary assessment may arise, costs preparation belongs alongside preparation of the substantive hearing. Time, rates, disbursements and the work attributable to that hearing need to be recorded clearly. Applicable filing and service requirements should be checked in advance rather than left to the day when the judge is asked to decide costs.

For a paying party, reviewing the statement early helps identify focused objections. For a receiving party, supporting material should be available to explain significant items and avoidable ambiguity. An accurate statement does not guarantee recovery: the court’s discretion, the basis of assessment and the relevant circumstances still govern the result.

A long-running matter can generate several costs orders before its conclusion. Some hearing costs may have been summarily assessed, others reserved or made costs in the case. Before preparing a final bill, those decisions need to be reconciled so that the claim reflects what has already been determined and what remains recoverable.

Costs budgets and subsequent orders may also form part of that history. Our team considers the documents together, whether the immediate instruction concerns a schedule, bill or assessment dispute. Send the relevant orders, hearing information and latest costs papers so that advice is directed to the right procedure and the actual questions in the matter.

Before preparing a statement or final bill, create a costs-order record for the proceedings. Note the date, the hearing concerned, the wording of the decision and whether a sum has already been assessed or paid. Keep the actual orders alongside that record. A short summary is helpful for navigation, but it cannot replace the terms of the court’s decision. If wording is unclear, obtain advice rather than assuming that all costs belong in a later claim.

Consider a hypothetical case with an interim application followed by settlement. Some application costs may already have been assessed, while other costs remain subject to the later order. Preparing the final claim requires the team to reconcile those decisions and the underlying records. The objective is to avoid presenting the same costs twice or omitting work that requires consideration. The correct treatment depends on the orders and rules, not just the date a fee earner entered time into the ledger.

The preparation needed for the next hearing should also be explicit. Ask who will prepare the costs statement, who will check it and who will be ready to explain significant entries or address objections. Where the matter instead requires detailed assessment proceedings, agree responsibility for the bill, service, points and replies. Keeping these tasks distinct makes handovers clearer while preserving a joined-up view of the case.