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The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp analyses Magomedov v Rabinovich, in which the court concluded CPR Part 47 provides a self-contained code that does not confer such jurisdiction. The judge warned that adopting a 'novel interpretation' of the rules could create unnecessary satellite litigation.
Dunkley argues, however, that the judgment sidesteps the more fundamental question of whether detailed assessment proceedings amount to a separate 'claim' for CPR purposes. She contrasts the decision with Solicitors Act assessments and suggests a more holistic approach would better reflect the substance of the proceedings. The ruling is likely to prompt continued debate among costs practitioners about the scope of CPR 25.
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