ABSTRACT

If the detailed assessment proceedings are only in relation to an additional liability,40 such as the level of success fee in a conditional fee agreement,41 the receiving party must serve a notice of commencement in Form N252, a copy of the bill of costs, relevant details of the additional liability and a statement giving the name and address of any person upon whom the receiving party intends to serve the notice of commencement (PD 47, paras 32.4 and 32.5). The relevant details about the additional liability are, in the case of a success fee, a statement showing the amount of costs which have been agreed or summarily assessed and the percentage increase claimed in respect of them and a statement of the reasons for the level of the percentage increase (as required by reg 3 of the Conditional Fee Agreement Regulations 2000).42 In the case of an insurance premium, the receiving party must serve a copy of the insurance certificate showing the extent of the costs covered and the amount of the premium (PD 47, para 32.5).