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CPR 47.20(3)(b) | Can The Size Of Reduction Save A Bad Offer In Detailed Assessment Proceedings?

CPR 47.20 provides (so far as is relevant) that …

(1) The receiving party is entitled to the costs of the detailed assessment proceedings except where –

(b) the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.

(3) In deciding whether to make some other order, the court must have regard to all the circumstances, including –

(b) the amount, if any, by which the bill of costs has been reduced.

Infinity and beyond

CPR 36.17(4) | Does It Apply To The Costs Of Detailed Assessment?

CPR 36.17(4) applies where a Claimant beats its own Part 36 Offer in substantive proceedings bringing with it various rewards including a 10% uplift, enhanced interest and indemnity costs. The question to be addressed in this case was whether it applies equally to the costs of detailed assessment i.e. can you make a valid Part 36 Offer in respect of the costs of the detailed assessment proceedings and reap those same rewards if it is beaten? In other words, do the the costs of the detailed assessment proceedings, for the purposes of CPR 36.17(4), fall within “any issue that arises in the claim”?