CH-2025-BRS-000001 - [2025] EWHC 2530 (Ch)

The next question is whether costs should be assessed by me summarily, or sent off for detailed assessment by the costs judge. Initially, at least, the parties appeared to be agreed that this was a case for detailed assessment. In their submission of 22 September, the respondents said that the costs of the 2019 hearing and the 2024 hearings were to be subject to detailed assessment, and they submitted that the costs of the appeal should be likewise. Their own draft order reflected that.

Julian’s responsive submission of 25 September did not expressly say that there should be detailed assessment. But it did deal on its merits with the submission that there should be a payment on account, and this implies a detailed assessment. His own draft order was ambiguous in this respect. However, Julian’s further submission dated 30 September (in reply to that of the respondents dated 28 September) says:

“18.

… Summary assessment is suitable and generally used for any hearing lasting 1 day or less (CPR PD 9.2(b)). There is nothing complex about the appeal costs which would prevent the court from summarily assessing the cost or warrant the time and costly exercise of detailed assessment. Just because those detailed assessments are in place already does not mean that we need to add to it and have another detailed assessment.”

Julian has referred only to part of CPR PD 44 paragraph 9.2. He has omitted the final part. The whole provides that the “general rule” is that the court should make a summary assessment for the costs of a hearing, which has lasted not more than one day

“unless there is good reason to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily.”

However, in the present case, it is clear from Julian’s submissions on a payment on account (dealt with below) that there are significant challenges to the costs claimed, which I am unable to resolve in a summary procedure. There is accordingly a good reason for ordering a detailed assessment, and I will do so.