Forthwith orders—costs prior to end of proceedings


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert
Practice notes

Forthwith orders—costs prior to end of proceedings


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
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The general rule for detailed assessment

The general rule for when detailed assessment is to take place is set out in CPR 47.1 which provides that the costs of any part of the proceedings are not to be determined by detailed assessment until the conclusion of the proceedings. This is primarily so that the costs can be assessed in the round. However, as explained in Rawlinson & Hunter Trustees SA (in its capacity as trustee of the Tchenguiz Settlement) v ITG Ltd (2015) the court has the power to depart from the general rule and make an order for the immediate assessment of costs at any stage of the proceedings. Such orders provide for costs to be assessed 'forthwith' or 'immediately' or a similar term and are often referred to as 'forthwith orders', the term used in this Practice Note.

Detailed assessment—where proceedings have not been concluded

Although proceedings have not been concluded, detailed assessment may be carried out where:

  1. •

    the court has awarded provisional damages under CPR 41 (CPR PD 47, para 1.1)

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Forthwith definition
What does Forthwith mean?

Forthwith is a term generally found in contracts, court orders, and primary and secondary legislation stipulating an immediate time frame within which an action or event is required to be done.

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