A Quick Guide to DA

 

A Quick Guide

 Points of Dispute

 
  • Should be served within 21 days of service of the Notice of Commencement
  • Should be drafted in accordance with Precedent G (CPD 35.2) - "short and to the point". Must comply with CPD 35.3.
  • Permission to amend Points of Dispute is not required but amended copies must be lodged with the court and served (CPD 40.10).
  • The parties can agree to extend the time for service (CPD 35.4)
  • A party may make an application for an extension of time for service (in accordance with CPR 3.1(2)(a)
  • Only the issues raised in the Points of Dispute may be heard at the Detailed Assessment hearing

 

 

 Default Costs Certificate

 
  • Make the request (in form N254) as a last resort if the paying party fail to serve Points of Dispute within 21 days.
  • £40 Court fee & £80 solicitors' fixed costs (CPD 37.8).
  • IMPORTANT - if Points of Dispute are served following the Request for Default Costs Certificate the Court may not issue the certificate and must be informed immediately.
  • An application to set aside a default costs certificate is made in accordance with CPR 47.12(2).

 

 

 Replies to Points of Dispute

 
  • Optional but highly recommended
  • Must be served within 21 days of service of the Points of Dispute
  • Format should be in accordance with CPD 39
  • To save time, request the Points of Dispute on disk (CPD 35.6) within 14 days of service of Points of Dispute.
  • Permission to amend Replies is not required but amended copies must be lodged with the court and served (CPD 40.10).

 

 

 Request for Detailed Assessment Hearing (N258)

 
  • Make the request (in form N258) using the 'checklist'.
  • £160 Court fee (unless CLS or High Court)
  • Bear in mind that interim certificates (N257) may be issued following the request (See 47.15).
  • The request must be made within 3 months of service of the Notice of Commencement (CPR 47.14(2) & CPD 40.1).
  • There may be further penalties if the paying party makes an application for the receiving party to make the request (CPR 47.8(2))!

 

 

 Costs have been concluded?

 
  • See CPR 47.10 - "Where costs are agreed".
  • The Court must be informed as soon as an agreement has been reached preferably by fax (CPD 40.9).
  • Final Costs Certificate (N256) - following the Detailed Assessment hearing. See CPR 47.16. The completed Bill must be lodged having been re-calculated together with fee notes in respect of disputed items.
  • Ø Must be filed within 14 days.
  • Ø Paying party may make an application (under CPD 42.6) if the receiving party fails to lodge a completed Bill!

 The Detailed Assessment Hearing

 
  • The court should give at least 14 days notice of the hearing (CPD 40.6 (1)).
  • Papers must be lodged not less than 7 days before and not more than 14 days before the hearing (CPD 40.11).
  • Papers must be removed by the receiving party from the court (CPD 40.16).
  • Skeleton arguments must be lodged 24 hours before the hearing.
  • Do not lodge a statement of costs in respect of the Detailed Assessment costs
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