From April 2013 there was an amendment to the old interim payment rule, which changed the emphasis from a discretionary ‘may order’ to a qualified mandatory ‘will order unless’.
Do I have to serve a costs schedule before a detailed bill?
No, a bill can and should be served, the costs of a schedule are not recoverable from the opponent and there is no deadline, the reasoanble costs of a bill are recoverable.
Am I entitled to interest on my costs?
Yes. On litigated matters Interest on costs usually runs from the date of the order for costs.
Is there a time limit for serving my bill?
Assessment proceedings should be commenced within 3 months of the final order/judgment.
When do Replies have to be served to Points of Dispute?
They are optional but the receiving party may do so within 21 days after being served with the points of dispute to which the reply relates.
Is there an automatic entitlement to indemnity costs if an opponent accepts a Part 36 out of time?
No, there are many factors to look at and the court will have regard to the parties’ conduct when exercising the general costs discretion under CPR 44.2 irrespective of whether or not CPR 36 is engaged.