Detailed assessments

Members of the costs team do appear on detailed assessments, but care should be taken both in deciding whether to instruct counsel, and if so, which counsel to instruct. It will not always be economically viable to instruct counsel to appear at the hearing itself.

Generally speaking the team’s advice would be based on the following.

Type of Assessment	Likely award of costs for hearing	Most Appropriate Lawyer
Small assessment (up to £50,000) with no points of principle	Costs draftsman’s rate at about a Grade C level	Costs draftsman or very junior counsel (Kevin Latham or Paras Gorasia)
Moderate assessment (up  to £500,000) with no points of principle	Counsel’s  fees or senior costs draftsman’s fees (about Grade B level), but not both	More senior counsel (Matthew Smith, Paul Hughes, Andrew McGee, Craig Ralph) or senior costs draftsman
Large assessment  (up to £1m)	Counsel’s fees plus costs draftsman’s fees	More senior counsel along with costs draftsmen
Very large assessment (more than (£1m)	Two counsel’s fees (assuming delegation and no duplication)	Two counsel or one senior counsel and a very senior costs draftsman (such as a Costs Lawyer)
Any assessment with a point of principle	Counsel’s fees or senior costs draftsman’s fees (about Grade B level), but not both	Counsel or very senior costs draftsman (such as a Costs Lawyer).

 If you do send us instructions, please bear the following in mind:

• In all cases (paying and receiving) the papers ought to be delivered to counsel at least 14 days before the assessment. They ought to be accompanied by a note requesting a review of quantum; that note should state the date on which the review is required, which should be no later than 10 days before the hearing. This will allow counsel to advise that a protective offer is made, if appropriate.

 

• If the client is a receiving party, the solicitor or costs draftsman should make arrangements for lodging the file at court; if that task is delegated to counsel, then the solicitor should ensure that those instructions have been communicated to counsel personally (as well as his clerk) and he should, at the appropriate time, ensure that those instructions have been carried out.

To view a list of our members who specialise in this area, please click on the drop down menu to the left.