Legal Cost Specialists

Posts made in December, 2018

Failure to serve electronic bill of costs

By on Dec 10, 2018 | 8 comments

PD 47 para.5.1 requires an electronic bill of costs for any work  undertaken after 6 April 2018 where the claim is a Part 7 multi-track claim. The Practice Direction contains no sanction for failing to comply with this requirement. CPR 44.11 provides:         “(1) The court may make an order under this rule where – (a) a party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; … (2) Where paragraph (1) applies, the court may – (a) disallow all or part of the costs which are being assessed” There appear to be a number options open to the Court where there is a failure to comply with PD 47 para.5.1, including: Tutting and proceeding with the assessment regardless. Refusing to proceed with the assessment until a compliant electronic bill (and amended paper bill) is served/filed. Making an unless order requiring a compliant electronic bill (and amended paper bill) to be served/filed by a certain date failing which all costs will be disallowed. Disallowing any post-6 April 2018 work (which may not be straightforward where the bill does not clearly identity all such work). Making a percentage reduction to the bill (perhaps roughly reflecting the proportion of post-6 April 2018 work claimed). Disallowing all...

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