Not everyone is aware that there are prescribed time limits as to when you must commence detailed assessment proceedings and also sanctions within the CPR as to what happens if those deadlines are not met. Here we give a summary of the rules.

If a party has the right to commence detailed assessment proceedings, then they should be commencing those proceedings within three months from when they obtained that right (an order, discontinuance under part 38 or acceptance of a Part 36 offer) as per CPR 47.7.

In accordance with CPR 47.8 (1) and (2) if this deadline is missed, the paying party is entitled to apply for an unless order requiring the receiving party to commence detailed assessment proceedings, failing which, all or part of the costs to which the receiving party would otherwise be entitled be disallowed.

As per CPR 47.8 (3). if no such application is made, the only sanction the court makes is to disallow interest for the period of delay, except for when there is a finding of misconduct.

A very significant delay of, say, several years is not likely to lead to a finding of misconduct. In Botham v Niazi [2004] EWHC 2602 (QB) the costs orders were made in July 1996, but detailed assessment proceedings were not commenced until October 2003, over 9 years later. The paying party’s application to strike out the proceedings due to unreasonable delay was dismissed. The only sanction the court applied was the disallowance of interes