Appeals Against Detailed Assessment

KASIR v DSRM (QBD LSG 22 March)

At the end of a four-day detailed assessment in May 2000 it was left to the costs draftsmen to agree the calculations arising out of the costs judge’s findings and submit to him the result. Unfortunately they were unable to reach agreement which necessitated a further hearing in August which was followed by further correspondence lasting until a final figure was agreed in October. The claimant lodged an appellant’s notice within 14 days from the date of the final agreement of the costs figure, which was some six months after the decisions on the items under appeal. Under CPR rule 52.4 time runs from the decision of the lower court that the appellant wishes to appeal. The appeal was therefore out of time. It was pointed out to the judge that in long and detailed assessments spread over a period of time a dissatisfied party might have to lodge several appellant’s notices and further might not know until the end of the assessment whether the global result was such that he wanted to appeal. The judge suggested either the parties could agree, and the costs judge order, at the beginning of a long assessment that time for appeals should not start running until the last day or such an application could be made in the course of the assessment when a party received a decision that he was likely to want to appeal.