KA-2024-000232 - [2025] EWHC 1681 (KB)

CPR Part 47 and PD 47 govern the procedure for the assessment of costs between parties.

Under CPR 47.6, detailed assessment proceedings are commenced by the receiving party serving a notice of commencement together with the accompanying documents on the paying party. Those documents include a Bill of Costs in the form specified by PD 47.

By CPR 47.9 the paying party is required to set out any objections to the costs claimed within 21 days in Points of Dispute. Points of Dispute are mandatory. If they are not served within the appropriate time limits, the receiving party can apply for a default costs certificate which grants an order that the costs claimed be paid in full.

By CPR 47.13, the receiving party has 21 days to respond to Points of Dispute if they wish. Such replies are optional.

Detailed assessment proceedings are unusual in that the court is not involved at the commencement stage or indeed until a request for a detailed assessment hearing is made. Accordingly, I accept Mr Mason’s submission that the intention of the streamlined procedure is to assist the parties in negotiating an agreed sum in settlement of a claim for costs. If settlement cannot be achieved, a detailed assessment hearing will take place.

At such a hearing, the parties’ submissions are limited to the objections set out in the Points of Dispute and any response set out in the replies. The parties are not permitted to introduce fresh points unless the court permits them to do so: CPR 47.14(6).

The Costs Judge may consider proportionality, because under CPR 44.3(2)(a), costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred.

PD 47, paragraph 13.10 addresses variations to points of dispute and other documents in the detailed assessment process, as follows:

“13.10

(1) If a party wishes to vary that party’s Bill of Costs, points of dispute or a reply, an amended or supplementary document must be filed with the court and copies of it must be served on all other relevant parties.

(2)

Permission is not required to vary a Bill of Costs, points of dispute or a reply but the court may disallow the variation or permit it only upon conditions, including conditions as to the payment of any costs caused or wasted by the variation”.