5 March, 2013
Filed UnderLegal Costs
Time to appeal in detailed assessment proceedings currently runs from the date of the decision being appealed rather than the end of the assessment proceedings. This can cause problems where a matter goes part heard.
A new CPR 47.14(7) is therefore going to be introduced on 1 April 2013 that reads:
“If an assessment is carried out at more than one hearing, then for the purposes of rule 52.4 time for appealing shall not start to run until the conclusion of the final hearing, unless the court orders otherwise.”
Under the section headed “Appeals from Authorised Court Officers in Detailed Assessment Proceedings” is CPR 47.23(1):
“The appellant must file an appeal notice within 21 days after the date of the decision against which it is sought to appeal.”
Note: this is a reference to date of the decision (as now), not the date of the conclusion of the final hearing. This is almost certainly a drafting error as the two conflict. There is no reason the time for appealing against a decision of a costs officer should be stricter than otherwise. Which prevails?
I have every expectation that an announcement will be made in the next day or two that there has been a terrible administrative mistake by a kid on work experience who has accidently released an early rough draft of the new CPR and Practice Directions and the real ones are yet to be released.