The defendant costs specialists

Requesting a detailed assessment hearing

By on Jan 19, 2018 | 0 comments

Two letters received from the Claimant’s solicitors, both dated 4 August 2017.  The first is a Part 36 offer.  The second attaches Replies and states:

“We shall now be making a Request for a Detailed Assessment Hearing.”

As the Part 36 offer was unacceptable in amount, I simply awaited receipt of a notice of hearing from the court.  (Given the date of the final costs order, a request for assessment needed to be filed by 13 October 2017 in any event.)

By 14 November 2017, I had heard nothing further and so wrote to the other side asking them to confirm the date they had filed their request for assessment.

The response received, dated 21 November 2017, read:

“We did not receive a response to our Part 36 offer and was awaiting a response before incurring further costs by lodging the matter.  We assume that our Part 36 offer is rejected and are now taking instructions. We intend to lodge the matter for assessment by the end of the week.”

Am I being overly legalistic to suggest that the original statement that “we shall now be making a Request for a Detailed Assessment Hearing” failed to adequately convey what was presumably the intended meaning:

  1. We currently have no instructions to request a hearing.
  2. We intend to take no further steps in this matter, including sending any chase-ups, until we hear further from you.

Needless to say, I am still awaiting a hearing date.

 

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