Delays in Commencing Detailed Assessment Proceedings
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Less and Others -v- Benedict
This was a decision in the Chancery Division but it is worth considering if you are ever faced with an application by a paying party that assessment proceedings be struck out on the basis of delay in commencing assessment proceedings.
In this case the paying party argued that the assessment should be struck out on the basis of the fact that it was a breach of the Claimant’s right to a hearing within a time pursuant to Article 6 of the ECHR, that the assessment be struck out as an abuse of process and finally pursuant to CPR 44.14.
In a useful and detailed judgement the Court dismissed the paying party’s arguments on all fronts.
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