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PRACTICE DIRECTION 51X – NEW STATEMENT OF COSTS FOR SUMMARY ASSESSMENT PILOT

General

1.0

This Practice Direction is made under rule 51.2. It provides for a pilot of a new Statement of Costs for Summary Assessment.

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2.0

The pilot scheme will –

(a) operate from 1st April 2019 to 31st March 2021;

(b) apply to all claims in which costs are to be summarily assessed, whenever they were commenced.

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3.0

Where the provisions of this Practice Direction conflict with other provisions of the rules or other practice directions, this Practice Direction takes precedence.

The Statement of Costs for Summary Assessment Pilot

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4.0

Forms N260A and N260B (annexed to this Practice Direction) are model forms of Statement of Costs which may be used for summary assessments while the scheme is in force. The N260A applies when the costs have been incurred on an interim application. The N260B applies when the costs have been incurred up to trial.

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5.0

Forms N260A and N260B contain a documents schedule. The documents schedule may be created from electronic time records by filtering the time that is recorded under the activity described in Schedule 2 to PD47 as ‘10 - Plan, Prepare, Draft, Review’. This may then be sorted and presented first by grade of fee earner and then chronologically.

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6.0

Where parties or their legal representatives use form N260A or N260B instead of form N260, a reference in the rest of the CPR to form N260 is treated as a reference to form N260A or N260B as appropriate, and a reference to a statement of costs is treated as including a reference to a statement of cost in form N260A or N260B as appropriate.

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7.0

Forms N260A and N260B are available in paper/pdf form and in electronic spreadsheet form. Parties and their legal representatives may use the paper/pdf form only. If they use the electronic spreadsheet form they must file and serve the paper/pdf form and at the same time provide the electronic spreadsheet form to the paying party and to the court, by e-mail or other electronic means.

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8.0

In any case which has been the subject of a costs management order, any party filing form N260B for summary assessment in accordance with Practice Direction 44 paragraph 9.5(4) must also file and serve form Precedent Q at the same time.

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