Dysfunctional Costs & Detailed Assessment - Lessons Learned

Introduction

Whatever your view of the costs assessment process, ending up at a detailed assessment hearing like any final hearing, is shrouded with uncertainty.

Opponents do their best to prove their arguments for and against the costs claimed. The process however starts long before detailed assessment proceedings are commenced, with the conduct of the substantive case, time recording and supportive descriptions of work done, tempered by the approach adopted in the litigation. The costs lawyer will then do their best to present, support or oppose the work claimed.

Deutsche Bank AG v Sebastian Holdings Inc [2023] is a case in the extreme, one that has been quoted as demonstrating a dysfunctional system, in which the detailed assessment hearing lasted ‘about’ 97 days, or possibly 104 days, more than twice the commercial court trial at 44 days.

This unprecedented (the term ascribed by the Senior Costs Judge) assessment hearing was due largely to the way time was recorded by the Claimant’s solicitors and in particular to the lack of documents and attendance or file notes within the files.

This virtual classroom session will examine the basis of this decision in depriving the Claimant’s solicitors of 30% of the costs of assessment, lessons to be learnt and best practice to avoid a reduction in your costs of assessment.

What You Will Learn

This live and interactive course will cover the following:

• An analysis of the key points from Deutsche Bank AG v Sebastian Holdings Inc and the reasoning and grounds for the court’s decision
• Associated cases addressing conduct at detailed assessment and the consequent orders that arise
• What the CPR says regarding the costs of assessment
• Conduct and its implications on costs and the costs of assessment
• Best practice to ensure recovery of assessment costs and areas of weakness to purse as the paying party
• A recap on the key law and practice regarding interest on the costs of assessment

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.