When is the deadline for commence detailed assessment proceedings after judgment or order?
The catalogue records a 3 months period from Date of the judgment, direction, order, award or other determination giving the right to detailed assessment. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 months
- Trigger
- Date of the judgment, direction, order, award or other determination giving the right to detailed assessment
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- Extendable or shortenable by agreement (CPR r.2.11) or by the court (CPR r.3.1(2)(a)), and PD 47 para 6.1 says so expressly. PD 47 para 6.2 states: "Permission to commence assessment proceedings out of time is not required." Late commencement is not a bar: under r.47.8 the paying party must first apply for an unless order before costs can be disallowed, and absent such an application the only sanction is discretionary disallowance of interest (r.47.8(3)).
- Widely and wrongly treated as a hard deadline. It is not. Detailed assessment proceedings are commenced by serving notice of commencement (Form N252) plus the bill under r.47.6(1). The counterpart sanction rule is r.47.8(2): "the court may direct that, unless the receiving party commences detailed assessment proceedings within the time specified by the court, all or part of the