January 2014

Replies to Points of Dispute occupy a strange place in the detailed assessment process. Many costs practitioners and costs judges have traditionally viewed them as largely a waste of time, often consisting of self-serving argument or pointless comment (eg “Not agreed”). At worst, they extend beyond setting in skeleton form the receiving party’s position and

Patrick Allen, writing in the New Law Journal, commenting on the Jackson reforms: “Many smaller PI firms are closing, selling their cases at a discount to their WIP or being taken over. Firms are being hoovered up by the mega firms such as Slater Gordon. … If firms do have cash this is because they

Notice received from court: “Take notice that the provisional assessment will take place on 7 February 2014 at 2:30pm at X County Court when you should attend 90 minutes has been allowed for the provisional assessment NB – No parties are to attend the provisional assessment hearing” That’s clear then.  

Claimant serves costs budget totalling £100,000. Defendant serves costs budget totalling £20,000. Defendant’s budget is, unsurprisingly, not disputed and approved by the court. Claimant’s budget is, unsurprisingly, hotly disputed and is dealt with at a costs management hearing. PD 3E para.2.2 states: “Save in exceptional circumstances – (1) the recoverable costs of initially completing Precedent