The defendant costs specialists

Papers in support of provisional assessment

By on Oct 30, 2013 | 5 comments

The Senior Courts Costs Office Guide 2013, in relation to provisional assessment, states:

“In the SCCO the Costs Judge or costs officer will have regard to the papers in support of the bill (that is, the papers listed in paragraph 13.12 of Practice Direction 47) when conducting the provisional assessment. If the receiving party has not lodged the supporting papers with the request for detailed assessment, that party should do so when requested by the court.”

Paragraph 13.12 of Practice Direction 47 reads:

“The papers to be filed in support of the bill and the order in which they are to be arranged are as follows—

(i) instructions and briefs to counsel arranged in chronological order together with all advices, opinions and drafts received and response to such instructions;
(ii) reports and opinions of medical and other experts;
(iii) any other relevant papers;
(iv) a full set of any relevant statements of case
(v) correspondence, file notes and attendance notes;”

In other words, the full file. This confirms that the SCCO is going to undertake provisional assessment based on the full file, contrary to what is envisaged by the rules where the provisional assessment will be based on limited documents being before the Court.

    5 Comments

  1. From the rp point of view i would recommend lodging the full file. What they dont want is all the evidence and disclosure, but, that is tough because it is obviously very important in considering the time spent….

    Anonymous

    30th October 2013

  2. So they all should still or you get pp serving points raising conduct issues which cannot be dealt with adequately in Replies

    Brian Varney

    30th October 2013

  3. i like how a provincial Court ignores the rules and makes up its own…..

    Anonymous

    30th October 2013

  4. Paragraph 13.12 relates to DETAILED ASSESSMENT hearings, not provisional assessment hearings. Paragraph 14 deals with the latter.

    anon

    25th November 2013

  5. anon @ 5:59pm,

    Yes, but the SCCO is clearly applying exercising its powers. In relation to provisional assessment, PD 47 paragraph 14.2 reads:

    “The following provisions of Part 47 and this Practice Direction will apply to cases falling within rule 47.15 –

    (1) rules 47.1, 47.2, 47.4 to 47.13, 47.14 (except paragraphs (6) and (7)), 47.16, 47.17, 47.20 and 47.21; and
    (2) paragraphs 1, 2, 4 to 12, 13 (with the exception of paragraphs 13.4 to 13.7, 13.9, 13.11 and 13.14), 15, and 16, of this Practice Direction.”

    Therefore, paragraph 13.13 of the PD does apply. That reads:

    “13.13 The court may direct the receiving party to produce any document which in the opinion of the court is necessary to enable it to reach its decision. These documents will in the first instance be produced to the court, but the court may ask the receiving party to elect whether to disclose the particular document to the paying party in order to rely on the contents of the document, or whether to decline disclosure and instead rely on other evidence.”

    The courts therefore do have the power to order that the documents to produce include the full file.

    Simon Gibbs

    25th November 2013

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