LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE’S HOW…)
In the first in a series of litigation and cashflow during the COVID crisis I am recommending that you read a post by my colleague Kevin Latham – How to Make Remote Detailed Assessments Work.
Kevin sets out his experience of two recent successful detailed assessments which took place remotely.
- One lasted half a day – using Skype for Business, with judgment being reserved.
- The second lasted a full day using Microsoft Teams. The judge was able to leave the meeting during discussions (i.e. recalculations) between the advocates and rejoin when sent an email.
Kevin concludes “Hopefully, with perhaps just a little more work than was necessary pre-‘lockdown’, detailed assessments can continue to be heard throughout this period of disruption. “
SO DETAILED ASSESSMENTS DON’T HAVE TO STOP
Since the completion of detailed assessments are important to a considerable amount of cash flow in litigation it is important that a receiving party take active steps to ensure that these proceed if at all possible. (A paying party should also bear in mind that interest is accruing). A great deal of work has gone on in making sure that, if at all possible, these can continue. See the Association of Costs Lawyers Guidance for the Conduct of Remote Hearings