This survey follows the ACL Annual Costs Conference and is to obtain feedback on the discussion documents sent to the membership on 7 May 2015.
 
A number of questions follow with opportunity to provide further information where appropriate.  If you have any further comments which do not fit within the framework of the survey, you will have an opportunity at the end to provide further feedback.
 
All responses will remain anonymous.

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* 1. Is the current maximum figure of £75,000 (assuming it is inclusive of VAT and additional liabilities) appropriate?

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* 2. If no, what figure would be appropriate?

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* 3. Should the limit be inclusive of VAT?

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* 4. Should the limit be inclusive of additional liabilities?

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* 5. Should there be an option for a Bill to be subject to provisional assessment by agreement regardless of value?

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* 6. Are members encountering inconsistencies as to how the £75,000 limit is calculated?

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* 7. Should a new short-form bill be introduced where costs are to be provisionally assessed?

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* 8. If your answer to question 7 is yes, how should bills of costs be shortened/which requirements in paragraphs 5.7 to 5.21 of Practice Direction 47 should not apply?

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* 9. Should "short and to the point" in paragraph 8.2 of Practice Direction 47 be defined?

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* 10. If your answer to question 9 is yes, what should the definition be?

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* 11. Should Points of Dispute and/or Replies be limited to a prescribed length?

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* 12. If your answer to question 11 is yes, what length(s) would be appropriate?

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* 13. Should "points of principle" in paragraph 12.1 of Practice Direction 47 be defined for the purposes of drafting Replies to Points of Dispute?

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* 14. If your answer to question 13 is yes, how should this term be defined?

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* 15. Should Precedent G be amended to include a column for authorities to be included?

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* 16. Should guidance be given regarding filing papers at Court?

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* 17. If your answer to question 16 is yes, should that guidance include whether or not a full file of papers is to be lodged by the receiving party when applying for an assessment?

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* 18. Should any requirement to lodge a full file of papers be dependent upon the sum of the claim for costs being more than a certain limit?

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* 19. If your answer to question 18 is yes, what should that limit be?

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* 20. Should form N258 be modified so as to make the lodging of any document set out in paragraph 13.12 of Practice Direction 47 conditional upon a relevant point of dispute having been raised?

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* 21. Should guidance be given regarding how the court will exercise its discretion regarding ordering disclosure of documents?

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* 22. If your answer to question 21 is yes, should guidance be given on whether or not the discretion to order disclosure is to be exercised after the Court has read the points of dispute but before it has made any decision on whether to disallow any item in the bill of costs?

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* 23. Should guidance be given regarding what is included within 'costs of assessment' for the purposes of the £1,500 limit in CPR 47.15(5)?

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* 24. If your answer to question 23 is yes, what costs should be excluded?

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* 25. Should guidance be given on how the Court is to communicate to the parties decisions reached in the provisional assessment?

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* 26. Should guidance be given on whether the arithmetic is to be calculated by the Court or the parties?

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* 27. What other comments/issues would you like to make/raise?

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