Overview

A detailed understanding of the rules and case law governing the summary assessment of costs is essential for every litigator. This webinar provides an in-depth examination of the relevant procedural rules, together with practical guidance on how practitioners can maximise costs recovery in cases subject to summary assessment.

The session explores the court’s approach to summary assessment across a wide range of scenarios, including cases involving fixed costs, conditional fee agreements, litigants in person, and protected parties. It also considers how the courts deal with common practical difficulties, such as limited time for assessment or the late service of a statement of costs. Reference is made throughout to key authorities in which the courts have provided guidance on the principles to be applied.

Objectives

By the end of this webinar, participants will be able to:

• Understand when and how summary assessment of costs should be carried out
• Identify the interaction between summary assessment and fixed costs, including applicable rules and exclusions
• Recognise how summary assessment operates where parties are funded by conditional fee agreements
• Understand the approach taken when a receiving or paying party is a child or protected person
• Appreciate the importance of a properly prepared and timely statement of costs
• Understand the court’s general approach to costs and the applicable basis of assessment
• Apply the principles of proportionality in the context of summary assessment
• Understand how hourly rates are assessed, including the significance of guideline rates
• Recognise how summary assessment applies to litigants in person, in-house lawyers, solicitor advocates, and counsel’s brief fees
• Identify expenses that are not recoverable on summary assessment
• Understand the rules governing Fast Track trial costs and the costs of appeals
• Anticipate and manage practical challenges such as late service of schedules or limited time for assessment