Period for commencing proceedings
Within 3 months after date of
Delay in filing notice of commencement/request for assessment hearing
If the receiving party commences proceedings (or fails to file a request for assessment hearing) out of time, the court may disallow all or part of the interest otherwise payable
The paying party may apply for an order requiring receiving party to commence proceedings or file a request for an assessment hearing
The court may disallow all or part of the receiving party's entitlement to costs if proceedings not commenced (or request for assessment hearing not filed) within the time specified by the court when allowing the application
Delay in filing points of dispute
Party may not be heard further in detailed assessment proceedings without court's permission
Costs agreed
Either party may apply for an interim or final costs certificate in the agreed amount
Setting aside/varying a default costs certificate
Court may set aside/vary default costs certificate if issued incorrectly or there are good reasons for detailed assessment proceedings to continue
Receiving party must apply to set aside default costs certificate or for directions if subsequently becomes aware that notice of commencement not received at least 21 days before certificate issued
Legal aid cases -- provisional assessment
Court provisionally assesses bill without a hearing unless
After provisional assessment, the court returns the bill to solicitor with a notice of amount allowed (N253)
Solicitor has 14 days to notify court if wishes a detailed assessment hearing to be held
An assisted person is not a party to the proceedings in an appeal against the court's decision at a detailed assessment hearing