Notice of Commencement of Detailed Assessment
A Notice of Commencement of Detailed Assessment is a legal document that marks the beginning of the detailed assessment process in costs proceedings.
In legal proceedings, when a court makes an order for costs, one party (the paying party) must cover the legal expenses incurred by the other party (the receiving party). The detailed assessment is the process by which the court determines the actual amount of costs to be paid.
The Notice of Commencement of Detailed Assessment is usually served by the receiving party to the paying party, informing them that the detailed assessment process has begun. It sets out the basis upon which the receiving party claims their costs and provides a breakdown of the costs being claimed. The paying party can then scrutinise the expenses claimed and raise any objections or disputes they may have regarding the amount or reasonableness of the costs.
The detailed assessment process involves a thorough examination of the costs claimed, including reviewing the invoices, time records, and any other relevant supporting documents. The court may also consider factors such as the complexity of the case, the conduct of the parties, and any applicable legal principles when assessing the costs.
Our team of cost draftsmen at Greener Costs are highly experienced and can effectively assist clients with any cost challenges. If you have any questions surrounding the notice of commencement of detailed assessment of costs, then please do not hesitate to get in touch today.
What is a Notice of Commencement?
The Notice of Commencement of Detailed Assessment is delivered to the paying party along with the Bill of Costs, providing a clear breakdown and justification of the costs being claimed by the receiving party. The receiving party uses Form N252 to officially notify the paying party, while the rules and guidelines for the Assessment of Costs procedure are outlined in CPR 47.
It is crucial to note that, barring exceptional circumstances, service of the notice and Bill of Costs must be within three months of the costs order or any deemed order related to costs, such as a Part 36 offer or a Notice of Discontinuance.
What is required when serving a bill?
When serving the notice of commencement of detailed assessment, documents must be included that outline specific fees and expenses related to the case that the winning party wish to claim back. A certified signed back sheet must also be present, which confirms that their Bill of Costs is correct and the indemnity principle has not been breached. The back sheet must be signed by both the receiving party and another legal representative.
It is important that the Notice of Commencement must be served correctly and formally to solicitors who are authorised to accept such service. Improper service of official documents like this can give rise to allegations of misconduct and can potentially undermine the entire costs proceedings.
What happens if you receive a Notice of Commencement of Detailed Assessment?
Once the paying party has been served with the notice commencing detailed assessment proceedings, then they must respond within 21 days. Failure to respond in this time frame can result in the receiving party applying for a default costs order which will allow them to claim any and all expenses in full from their bill.
If a paying party does not agree with any costs in the bill, then they are able to submit Points of Dispute, outlining their disagreements and why. The receiving party can then file their Points of Reply, at which point it is hoped adjustments or alternatives will have been agreed between the parties.
In the event that both parties are unable to reach a consensus regarding costs, they have the option to seek a detailed assessment hearing, during which the courts will render a final determination on the amount that the paying party is obligated to pay the receiving party.
How can Greener Costs assist?
Our team of Costs Draftsmen have many years of experience surrounding cost management and negotiation. We are able to assist clients from all backgrounds in a range of cases, whether you are the paying party or receiving party. If you have any questions surrounding the notice of commencement of detailed assessment, then our team will be more than happy to assist you.
We offer many costing services, from drafting bills of costs to representation at detailed assessment hearings, providing our services to clients across England and Wales.
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