The Summary Assessment Hearing

Abstract Once the court has made the costs order, the summary assessment itself can begin. This is the procedure by which the court determines the amount of the costs due from the paying party to the receiving party. This chapter explains the procedure that is adopted at hearings and examines the substantive issues that are most commonly argued at summary assessments. The issues occur in the chapter in the order in which they should be raised at the summary assessment. This chapter does not, however, deal with issues that may arise in relation to the funding of a claim (typically by way of a CFA). As these issues can be complex and as they are not relevant to all summary assessments, they have been addressed separately in Chapter 6. All the parties and the judge should have a copy of all statements of costs before the summary assessment begins. Copies of any other relevant materials prepared in accordance with the preparation checklists in Chapter 9 must also be made available to the opposing party and the judge. Ordinarily the judge will want to hear from the paying party first so that the issues between the parties can be identified. The receiving party will of course be given an opportunity to respond to each of the issues raised. It is up to the judge whether he hears the paying party make submissions in relation to all the points in issue at one go, or whether he requires each issue to be responded to before going onto the next. A summary assessment hearing is, by its very nature, short. Parties must be ready to deal with the issues they wish to raise succinctly. Arguments need to be marshalled into a sensible order and in such a way as to make the best use of the time available. Thus any submissions that go to the overall recovery of costs (such as submissions relating to the solicitor client retainer, or the enforceability of a CFA, proportionality or costs estimates) should be raised first. Next, arguments over the level of fee earner or the hourly rate claimed should be attacked, and then individual items on the bill. The last matter that should be dealt with by the court is the assessment of any uplift claimed by the receiving party.