Costs of detailed assessment in costs budgets
PD 47 para.5.19 states:
“The bill of costs must not contain any claims in respect of costs or court fees which relate solely to the detailed assessment proceedings other than costs claimed for preparing and checking the bill.”
Implicit in this is that the costs of preparing and checking the bill are part of the detailed assessment proceedings.
This is consistent with the Court of Appeal’s comments in Crosbie v Munroe  EWCA Civ 350:
“the assessment proceedings cover the whole period of negotiations about the amount of costs payable through the Part 8 proceedings to the ultimate disposal of those proceedings”
However, CPR 47.6 states:
“(1) Detailed assessment proceedings are commenced by the receiving party serving on the paying party –
(a) notice of commencement in the relevant practice form; and
(b) a copy of the bill of costs.”
Self-evidently, in this context, the bill must be drafted before the detailed assessment proceedings are “commenced”.
Precedent H, the document used for costs budgeting, states at the bottom of page one:
“This estimate excludes … costs of detailed assessment…”
Should the costs of preparing a bill therefore be included or excluded from a budget?
The wording of the CPR remains confusing and contradictory as to what work falls within the definition of detailed assessment proceedings (and continues to cause confusion relating to issues over recovery of Part 8 costs and what is included in the provisional assessment cap).
Come on Rules Committee. Sort it out.