The costs team at Kings Chambers explains how privileged material is dealt with during detailed assessments
The subject matter of detailed assessments in costs litigation is often privileged. However, privileged material may come before the court by way of filing at court or by way of election.
PROPORTIONALITY AND ELECTION
In South Coast Shipping Co Ltd v Havant Borough Council [2001] EWHC 9017 (Costs), [2002] 3 All ER 779, concerning a disputed retainer, Mr Justice Pumfrey made the following observations, which at first blush seem to suggest that a costs judge can decline to put a party to his election on the grounds of proportionality:
“I would expect that in the great majority of cases the paying party would be content to agree that the costs judge alone should see privileged documents. Only where it is necessary and proportionate should the receiving party be put to his election.”
In Dickinson (t/a Dickinson Equipment Finance) v Rushmer (t/a FJ Associates) [2002] 1 Costs LR 128, [2001] All ER (D)
