PRACTICE DIRECTION 51L – NEW BILL OF COSTS PILOT SCHEME

This Practice Direction supplements CPR rule 47.6 and paragraph 5.1 of Practice Direction 47.

Contents of this Practice Direction
Title Number
General
Para. 1
Use of New Bill of Costs Para. 2
Treatment and service of New Bill of Costs Para. 3
Form and content of bills of costs Para. 4
Annex Precedent AB
 

 

General

1.1 This Practice Direction is made under rules 47.6 and 51.2.  It provides for a pilot scheme (“New Bill of Costs Pilot Scheme”) to operate from 1 October 2015 to 30 September 2017.

1.1A The timetable for this Pilot Scheme is as follows:

(a) the Pilot Scheme in its amended form will come into effect on 3 October 2016 with a view to establishing a mandatory form of bill of costs  to apply to all work done after 1 October 2017;

(b) the Rule Committee will monitor and review the Pilot Scheme and aim to fix the mandatory form of the new bill of costs at its meeting in May 2017.

1.2 Where the provisions of this Practice Direction conflict with the provisions of Practice Direction 47 this Practice Direction shall take precedence.

1.3 In this Practice Direction “New Bill of Costs” means the bill of costs in Precedent AB annexed to this Practice Direction as a "pdf version" together with an electronic spreadsheet version of the same bill in the form provided in paragraph 1.4 of this Practice Direction.

1.4 The electronic spreadsheet version may be either the spreadsheet version which can be found online at http://www.justice.gov.uk/courts/procedure-rules/civil or any other spreadsheet which—

(a) reports and aggregates costs based on the phases, tasks, activities and expenses defined in Schedule 1 to this Practice Direction;

(b) reports summary totals in a form comparable to Precedent AB;

(c) automatically recalculates intermediate and overall summary totals if input data is changed;

(d) contains all calculations and reference formulae in a transparent manner so as to make its full functionality available to the court and all other parties.

 

Use of New Bill of Costs

2.1 If –

(a) detailed assessment proceedings are in the Senior Courts Costs Office (“SCCO”); and

(b) the notice of commencement of detailed assessment is served on the paying party on or after 3 October 2016,

the party commencing detailed assessment proceedings may use the New Bill of Costs as the bill of costs referred to in rule 47.6(1)(b).

2.2 Where the party commencing detailed assessment proceedings uses the New Bill of Costs, the detailed assessment proceedings will be treated as being in the New Bill of Costs Pilot Scheme, and the following provisions of this Practice Direction will apply to those proceedings.

 

Treatment and service of New Bill of Costs

3.1 The New Bill of Costs in Precedent AB shall be treated as a model form of bill of costs for detailed assessment under paragraph 5.1 of Practice Direction 47.  

3.2 The New Bill of Costs shall be served in the pdf version of Precedent AB and a copy of the spreadsheet version shall also be provided to the paying party and the court by email or other electronic means.   

3.3 All references to a bill of costs in Section 5 of Practice Direction 47 shall include the New Bill of Costs in as defined in this Practice Direction.

 

Form and content of New Bills of Costs

4.1 The provisions of paragraphs 5.7 to 5.22 of Practice Direction 47 shall apply only insofar as they are not inconsistent with the form and content of the New Bill of Costs.

Annex Precedent AB

Annex Precedent AB

Schedule 1

Schedule 1

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