I have adopted a practice on applications for decree nisi where there is an unopposed prayer for costs of lodging a statement of costs and asking for summary assessment so that a costs order for the assessed sum can be made on pronouncement of decree but there is judicial resistance to this. What is the problem?
In principle, there is no reason why a party should not seek summary assessment of costs claimed on the grant of a decree under the standard (undefended) procedure. However, the usual time period of 24 hours for serving a schedule of costs (CPR PD 44, para 9.5(4)) will not be sufficient to enable the other party to attend and make representations, since at least 14 days’ notice must be given of an intention to attend (FPR 7.21(2)). If summary assessment is to be sought this must be made clear when the application for decree nisi is made so that a suitable time estimate can be given for the assessment to be conducted on pronouncement or at a separate hearing and the schedule should be filed at the same
