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At BarnsChapel, we recognise that Detailed Assessment Hearings represent the culmination of the costs recovery process and are crucial for resolving disputes over legal costs.
These formal court proceedings provide the judicial scrutiny necessary when parties cannot reach agreement through negotiation, ensuring all costs claimed are thoroughly examined and properly justified.
Detailed Assessment involves comprehensive judicial examination of a Bill of Costs, with the court evaluating Points of Dispute and Replies to determine which costs are reasonable, necessary and, most importantly of all, proportionate. This process demands meticulous preparation, expert advocacy, and in-depth understanding of costs law principles to secure optimal outcomes.
Our costs lawyers have extensive expertise in preparing for and advocating at Detailed Assessment Hearings, collaborating closely with solicitors to ensure all costs are properly documented, robustly justified, and persuasively presented before the court.
Combining technical excellence with practical business understanding, our approach focuses on maximising your recoverable costs while minimising the administrative burden on your team.
We offer a “cradle-to-grave” service, the same fee earner working on the file from the costs budgeting stage, through to preparation or scrutiny of a Bill of Costs, drafting Points of Dispute or Replies and undertaking negotiations.
This ensures that, if the matter remains unresolved and has to proceed to a court assessment, we have an in-depth knowledge and understanding of the intricacies of the case and are therefore well-equipped to undertake the detailed assessment hearing on your behalf.
By entrusting us with your Detailed Assessment Hearings, you can free up your time to concentrate on higher value work, enhancing your productivity and client service.
Our approach includes meticulous compilation of hearing bundles, witness statements (if required), and supporting documentation. This thorough preparation ensures all arguments and submissions are properly evidenced and persuasively presented to the court.
Our specialist costs advocates deliver compelling oral and written submissions tailored to each case's unique circumstances. In respect of receiving party matters, our advocacy focuses on maximising recoverable costs while addressing proportionality and reasonableness requirements. For paying party clients, we apply the same level of scrutiny and are able, as a result, to make strong arguments for reductions to elements of the costs claimed.
We guarantee that all hearing preparation complies with the latest court requirements and Civil Procedure Rules, ensuring documents are submitted within mandated timelines and in the correct format. This strict compliance helps you avoid penalties and secure maximum costs recovery.
Our specialist team documents all costs evidence with exceptional attention to detail, ensuring accuracy and completeness. This thorough approach supports the justification of your costs and helps withstand intense judicial scrutiny.
With our comprehensive preparation and expert advocacy, you can significantly improve your position at Detailed Assessment. We ensure all costs are properly justified and documented, supporting successful cost recovery (for receiving party clients) or reduction (for paying party clients) without compromising on proportionality principles.
A Detailed Assessment Hearing is a formal court proceeding where costs claimed in a Bill of Costs are thoroughly scrutinised and determined by a costs judge or costs officer. These hearings become necessary when parties cannot agree on recoverable costs through negotiation or where provisional assessment is inappropriate due to the value or complexity of the case.
The receiving party must file a request for a Detailed Assessment Hearing within three months of the expiry of the period for commencing detailed assessment proceedings. Failure to comply with this timeline can result in sanctions, including potential disallowance of costs.
Preparation requires compilation of comprehensive hearing bundles including the Notice of Commencement, Bill of Costs, Points of Dispute, Replies, relevant court orders, evidence supporting specific items claimed, witness statements where appropriate, communications and file notes, and a paginated bundle index. Electronic bundles may be required depending on the court's direction.
During the hearing, the costs judge systematically addresses disputed items, hearing arguments from both parties before making determinations on each point made in the Points of Dispute and Replies. The judge will consider issues of reasonableness, necessity, proportionality and compliance with any relevant costs management orders.
Provisional Assessment is a paper-based process for bills not exceeding £75,000, where the court assesses costs without an oral hearing. Detailed Assessment involves a formal hearing with oral advocacy and is mandatory for higher value bills or where a party successfully challenges a provisional assessment.
If the request is not filed within the specified time and no extension has been agreed between the parties, upon application by the paying party, the court may disallow all or part of the costs the receiving party would otherwise be entitled to recover. An application for relief from sanctions may then be necessary, with no guarantee of success.
Success depends on numerous factors including the quality of documentation, strength of supporting evidence, effectiveness of written and oral advocacy, compliance with procedural requirements and, above all, the application of proportionality principles to the specific circumstances of the case.
Typically, costs lawyers or counsel will represent parties at Detailed Assessment Hearings. While solicitors with conduct of the substantive matter may attend to provide background information, specialist costs advocates generally deliver superior results due to their focused expertise.
Have a question about Costs Law that we haven’t answered, or want to have a chat about what we do and how we do it?
Use the contact details below to get in touch, or fill in our contact form and we will get right back to you.
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