A party who wins with costs is in a strong position when it comes to provisional or detailed assessment under CPR 47.14-15. First, the costs of the assessment are theirs as of right without having to do anything: see CPR 47.20(1). Second, such a party can profit from the benefits available under CPR 36.17(4). Make your opponent an offer under Part 36 to settle the costs of the action which is refused, if the learned costs judge allows more at detailed assessment, the receiving party will benefit by an additional amount of 10% of the assessed costs (up to £75,000 without interest). Not only that, enhanced interest is payable at up to 10% over base rate both on the assessed costs and on the costs of assessment, with the latter being payable on the indemnity basis. Continue reading
