Liability for provisional assessment costs
District Judge Stephen Gold has been running an excellent series of articles in the New Law Journal explaining how the Jackson reforms will work.
On the subject of provisional assessment he wrote:
“Once it has been carried out, the court will send out precedent G with its decisions indorsed and its decision on the costs of the assessment”
That is clearly his reading of the rules. But, as I have written before, unless the judge has done the calculations (in which case why the provision requiring the parties to agree the total sum due based on the court’s decisions) how does he know whether a party has won on a Part 36 (or other admissable) offer and what decision on the costs of the assessment is therefore appropriate?
We will see some interesting decisions from the courts in the coming months.