Detailed Assessment Proceedings

Detailed assessment commonly follows an order that one party pay another party’s costs, where the amount has not been summarily assessed or agreed. It may concern all costs of proceedings, a defined period or a particular application. The wording of the costs order and the basis of assessment are the starting points for every later step.

An appeal does not automatically stop assessment. Whether the process should continue, and whether any stay should be sought, depends on the circumstances and orders in force. We review the order and procedural position before advising on commencement.

The receiving party commences the assessment by serving the prescribed notice with the Bill and relevant documents within the applicable period. The paying party then has an opportunity to serve Points of Dispute. Exact dates should be calculated from the current rules, method of service and any court order; website guidance should never replace a file-specific deadline check.

If no Points of Dispute are served, the receiving party may be able to seek a default costs certificate. If one is obtained, an application to set it aside may follow. Prompt advice is important because delay can affect the available options and costs.

Assessment proceedings are also a negotiation process. Properly drafted Points of Dispute and Replies expose the real differences between the parties. Offers can then be evaluated against the litigation risk, likely hearing time, interest and the additional costs of continuing.

We prepare clear advice on the strengths and weaknesses of the position rather than measuring success only by percentage movement. A sensible outcome considers the amount at stake, the evidence, the rules, the costs of assessment and the client’s commercial priorities.

Bills within the current monetary threshold may be provisionally assessed on the papers. The parties lodge the required documents and the judge considers the disputed items without an oral hearing. A party dissatisfied with particular decisions may be able to request an oral hearing, subject to the rules and potential costs consequences.

Larger or otherwise unsuitable matters proceed to a detailed assessment hearing. Preparation may include an agreed or disputed schedule, bundles, authorities, calculations and a clear record of offers. We can coordinate that preparation and provide advocacy where appropriate.

The court’s decisions must be translated into an accurate calculation. Interim and final costs certificates record the amount payable, and questions of interest or costs of the assessment may also need to be resolved. Arithmetic and order wording deserve the same care as the substantive hearing.

We remain involved through conclusion, checking the result against decisions made and helping with any consequential issue. Where a decision may need to be challenged, the route and timetable should be considered immediately because appeal and review mechanisms are specific.