LATE SERVICE OF SCHEDULE OF COSTS LEADS TO AN ORDER FOR DETAILED ASSESSMENT (WITH A SUBSTANTIAL INTERIM PAYMENT)
In Vine v Belfield  EWHC 3068 (QB) Mr Justice Nicklin considered the position where a claimant had failed to file a Schedule of Costs. He held that the appropriate course of action was to make an order for detailed assessment, with a substantial interim payment being made.
The claimant brought an action for defamation. The defendant failed to comply with various court orders. This led to the court adjourning the trial of preliminary issues. The judge determined that the defendant should pay the costs. However the claimant had not served a costs schedule in advance of the hearing.
THE JUDGMENT ON COSTS
The judge found that the non-service of the Schedule meant that the costs would have to be subject to a detailed assessment. However there would be an interim payment for a substantial part of the costs claimed.