Civil Procedure Rules Update

The 53rd update to the Civil Procedure Rules contains a new pilot schedule for dealing with assessments. The scheme will operate in the Leeds, York and Scarborough County Courts and will run from 1 October 2010 until 30 September 2011 and will apply to detailed assessment proceedings which are commenced after 1 October 2011 and on which the base costs are £25,000 or less.

Under the scheme, assessment proceedings will apply in the normal way save that the assessment of costs will be dealt with as a paper exercise.

When the Request for Assessment for assessment is filed under the pilot scheme, the party must file the request in the normal way but must also file an additional copy of the Bill of Costs together with a Statement of Costs of the assessment proceedings. Upon receipt, the Court will, within 6 weeks of received of the bill, undertake a provisional assessment of the costs based on the information contained in the bill and supporting papers and contentions in the Points of Dispute. No party will be permitted to attend the assessment hearing.

If the Court takes the view that the matter is unsuitable for provisional assessment, it will list the matter for assessment in the normal way by giving the matter a hearing date and the pilot scheme will cease to apply to the matter. If the Court completes a provisional assessment each party will be notified stating that either party may request the court to list the matter for full argument on any aspect of the provisional assessment within 21 days of receipt. Either party may then request the Court list the matter for an oral hearing.

If a party wishes to be heard on the costs of the provisional assessment, the Court will invite the parties to make submissions in writing. In summary then:

  • The pilot scheme is therefore intended to reduce costs of the assessment proceedings.
  • It is not clear from the Practice Direction whether the parties will be notified of the date when the provisional assessment will take place or whether the parties will simply be notified of the outcome. If it is the latter it is not clear therefore when papers should be filed. It is clear that the papers should be filed given that the Practice Direction explicitly states that CPR 47.14 PD 40.11 still applied to the matter.
  • Given the absence of representation at an oral hearing, Solicitors will want to ensure that they prepare formal replies to Points of Dispute. Consideration should also be given to carefully providing bundles to the Court.
  • It is clear from the costs provisions that the Court intends to prevent parties who are unhappy with the outcome for seeking to argue the same with costs penalties. It is only the party who persuades the Court that the amount of the assessment should be altered significantly from the provisional assessment that will be awarded costs of the oral hearing.