What documents must be served when commencing detailed assessment proceedings ?
Saturday, April 2nd, 2011
Having regard to the latest changes to the Costs Practice Direction, what documents must be served to ensure that detailed assessments are effected properly and completely?
1. N252 (notice of commencement)
2. Certificates (completed and signed)
3. Fee notes
4. Statement of parties
5. A statement explaining why base costs exceed any prior costs estimates by 20% (if indeed there is such discrepancy
6. s.32.5 CFA related documents, namely :
- a statement showing the amount of costs which have been summarily assessed / agreed and the percentage increase being sought thereon;
- (where the CFA pre-dates 1st November 2005), a statement of reasons for the percentage increase; (where the CFA post-dates 1st November 2005, where the success fee is not fixed by Part 45), a statement of reasons (per b above) or a copy of the risk assessment;
- The CFA or if preferred, a statement setting out the following elements of the CFA :
- the definition of “win” and if applicable “lose”; and
- details of the receiving party’s liability to pay costs if that party wins or loses; and
- details of the receiving party’s liability to pay costs if that party fails to obtain judgment more advantageous than a Part 36 offer