The Court of Appeal has handed down Judgment in Ward v Rai [2026] EWCA Civ 816 concerning procedural compliance within detailed assessments and the boundaries of first instance judicial discretion.
Whilst the Court reaffirmed both the principles in Ainsworth and the strictures of analogous jurisprudence applicable to late amendments, the Court none the less adopted a protectionist approach to first instance discretionary decision of the Deputy Costs Judge. In doing so, they reinstated his decision to admit amended Points of Dispute a mere two days before the Detailed Assessment hearing.
Whilst the Court of Appeal reiterated the atypical circumstances of the case, where does this leave the profession?
Is this a green light for paying parties to save money by drafting ‘holding’ Points of Dispute and only serve full argument when settlement negotiations have broken down?
How ought Receiving Parties manage detailed assessment litigation in this environment?
What factors are relevant when dealing with an application to admit late amended Points of Dispute?
Erica Bedford and Tom Mason acted for the Respondent and hosted an online seminar on Tuesday 14 July in which they explored all these issues and set out where the profession now stands.
The recording of their online seminar is available to watch below.
