SOURCE OF RIGHT TO DETAILED ASSESSMENT |
TIME BY WHICH DETAILED ASSESSMENT PROCEEDINGS MUST BE
COMMENCED |
Judgment, direction, order, award or other
determination |
3 months after the date of the judgment etc. Where
detailed assessment is stayed pending an appeal, 3 months after the date of the
order lifting the stay |
Discontinuance under Part 38 |
3 months after the date of service of notice of
discontinuance under rule 38.3; or 3 months after the date of the dismissal of
application to set the notice of discontinuance aside under rule 38.4 |
Acceptance of an offer to settle or a payment into
court under Part 36 |
3 months after the date when the right to costs
arose |
SANCTION FOR DELAY IN COMMENCING DETAILED ASSESSMENT
PROCEEDINGS
47.8
|
(1)
|
Where the receiving party fails to commence detailed
assessment proceedings within the period specified -- in rule 47.7; or
- by any direction of the court,
the paying party may apply for an order requiring the
receiving party to commence detailed assessment proceedings within such time as
the court may specify.
|
|
(2)
|
On an application under paragraph (1), the court may
direct that, unless the receiving party commences detailed assessment
proceedings within the time specified by the court, all or part of the costs to
which the receiving party would otherwise be entitled will be
disallowed.
|
|
(3)
|
If -- the paying party has not made an application in
accordance with paragraph (1); and
- the receiving party commences the proceedings
later than the period specified in rule 47.7,
the court may disallow all or part of the interest
otherwise payable to the receiving party under -- section 17 of the Judgments Act
1838
(71)
; or
- section 74 of the County Courts Act
1984
(72)
,
but must not impose any other sanction except in
accordance with rule 44.14 (powers in relation to misconduct).
|
|
(4)
|
Where the costs to be assessed in a detailed
assessment are payable out of the Community Legal Service Fund, this rule
applies as if the receiving party were the solicitor to whom the costs are
payable and the paying party were the Legal Services Commission.
|
POINTS OF DISPUTE AND CONSEQUENCE OF NOT
SERVING
47.9
|
(1)
|
The paying party and any other party to the detailed
assessment proceedings may dispute any item in the bill of costs by serving
points of dispute on -- the receiving party; and
- every other party to the detailed assessment
proceedings.
|
|
(2)
|
The period for serving points of dispute is 21 days
after the date of service of the notice of commencement.
|
|
(3)
|
If a party serves points of dispute after the period
set out in paragraph (2), he may not be heard further in the detailed
assessment proceedings unless the court gives permission.
|
|
(The costs practice direction sets out requirements
about the form of points of dispute)
|
|
(4)
|
The receiving party may file a request for a default
costs certificate if -- the period set out in rule 47.9 (2) for serving
points of dispute has expired; and
- he has not been served with any points of
dispute.
|
|
(5)
|
If any party (including the paying party) serves
points of dispute before the issue of a default costs certificate the court may
not issue the default costs certificate.
|
|
(Section IV of this Part sets out the procedure to be
followed after points of dispute have been filed)
|
PROCEDURE WHERE COSTS ARE AGREED
47.10
|
(1)
|
If the paying party and the receiving party agree the
amount of costs, either party may apply for a costs certificate (either interim
or final) in the amount agreed.
|
|
(Rule 47.15 and rule 47.16 contain further provisions
about interim and final costs certificates respectively)
|
|
(2)
|
An application for a certificate under paragraph (1)
must be made to the court which would be the venue for detailed assessment
proceedings under rule 47.4.
|
III COSTS PAYABLE BY ONE PARTY TO ANOTHER - DEFAULT
PROVISIONS
DEFAULT COSTS CERTIFICATE
47.11
|
(1)
|
Where the receiving party is permitted by rule 47.9
to obtain a default costs certificate, he does so by filing a request in the
relevant practice form.
|
|
(The costs practice direction deals with the procedure
by which the receiving party may obtain a default costs certificate)
|
|
(2)
|
A default costs certificate will include an order to
pay the costs to which it relates.
|
|
(3)
|
Where a receiving party obtains a default costs
certificate, the costs payable to him for the commencement of detailed
assessment proceedings shall be the sum set out in the costs practice
direction.
|
SETTING ASIDE DEFAULT COSTS
CERTIFICATE
47.12
|
(1)
|
The court must set aside a default costs certificate
if the receiving party was not entitled to it.
|
|
(2)
|
In any other case, the court may set aside or vary a
default costs certificate if it appears to the court that there is some good
reason why the detailed assessment proceedings should continue.
|
|
(3)
|
Where -- the receiving party has purported to serve the
notice of commencement on the paying party;
- a default costs certificate has been issued;
and
- the receiving party subsequently discovers that
the notice of commencement did not reach the paying party at least 21 days
before the default costs certificate was issued,
the receiving party must -- file a request for the default costs
certificate to be set aside; or
- apply to the court for directions.
|
|
(4)
|
Where paragraph (3) applies, the receiving party may
take no further step in -- the detailed assessment proceedings; or
- the enforcement of the default costs
certificate,
until the certificate has been set aside or the court
has given directions.
|
|
(The costs practice direction contains further details
about the procedure for setting aside a default costs certificate and the
matters which the court must take into account)
|
IV COSTS PAYABLE BY ONE PARTY TO ANOTHER - PROCEDURE WHERE
POINTS OF DISPUTE ARE SERVED
OPTIONAL REPLY
47.13
|
(1)
|
Where any party to the detailed assessment
proceedings serves points of dispute, the receiving party may serve a reply on
the other parties to the assessment proceedings.
|
|
(2)
|
He may do so within 21 days after service on him of
the points of dispute to which his reply relates.
|
|
(The costs practice direction sets out the meaning of
reply)
|
DETAILED ASSESSMENT HEARING
47.14
|
(1)
|
Where points of dispute are served in accordance with
this Part, the receiving party must file a request for a detailed assessment
hearing.
|
|
(2)
|
He must file the request within 3 months of the
expiry of the period for commencing detailed assessment proceedings as
specified -- in rule 47.7; or
- by any direction of the court.
|
|
(3)
|
Where the receiving party fails to file a request in
accordance with paragraph (2), the paying party may apply for an order
requiring the receiving party to file the request within such time as the court
may specify.
|
|
(4)
|
On an application under paragraph (3), the court may
direct that, unless the receiving party requests a detailed assessment hearing
within the time specified by the court, all or part of the costs to which the
receiving party would otherwise be entitled will be disallowed.
|
|
(5)
|
If -- the paying party has not made an application in
accordance with paragraph (3); and
- the receiving party files a request for a
detailed assessment hearing later than the period specified in paragraph
(2),
the court may disallow all or part of the interest
otherwise payable to the receiving party under -- section 17 of the Judgments Act
1838
(73)
; or
- section 74 of the County Courts Act
1984,
but must not impose any other sanction except in
accordance with rule 44.14 (powers in relation to misconduct).
|
|
(6)
|
No person other than -- the receiving party;
- the paying party; and
- any party who has served points of dispute
under rule 47.9,
may be heard at the detailed assessment hearing
unless the court gives permission.
|
|
(7)
|
Only items specified in the points of dispute may be
raised at the hearing, unless the court gives permission.
|
|
(The costs practice direction specifies other documents
which must be filed with the request for hearing and the length of notice which
the court will give when it fixes a hearing date.)
|
V INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE
POWER TO ISSUE AN INTERIM
CERTIFICATE
47.15
|
(1)
|
The court may at any time after the receiving party
has filed a request for a detailed assessment hearing -- issue an interim costs certificate for such sum
as it considers appropriate;
- amend or cancel an interim certificate.
|
|
(2)
|
An interim certificate will include an order to pay
the costs to which it relates, unless the court orders otherwise.
|
|
(3)
|
The court may order the costs certified in an interim
certificate to be paid into court.
|
FINAL COSTS CERTIFICATE
47.16
|
(1)
|
In this rule a completed bill means a bill calculated
to show the amount due following the detailed assessment of the costs.
|
|
(2)
|
The period for filing the completed bill is 14 days
after the end of the detailed assessment hearing.
|
|
(3)
|
When a completed bill is filed the court will issue a
final costs certificate and serve it on the parties to the detailed assessment
proceedings.
|
|
(4)
|
Paragraph (3) is subject to any order made by the
court that a certificate is not to be issued until other costs have been
paid.
|
|
(5)
|
A final costs certificate will include an order to
pay the costs to which it relates, unless the court orders otherwise.
|
|
(The costs practice direction deals with the form of a
final costs certificate)
|
VI DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT
OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL
SERVICE FUND
DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC
FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE
COMMUNUITY LEGAL SERVICE FUND
47.17
|
(1)
|
Where the court is to assess costs of a LSC funded
client or an assisted person which are payable out of the Community Legal
Services Fund, that persons solicitor may commence detailed assessment
proceedings by filing a request in the relevant practice form.
|
|
(2)
|
A request under paragraph (1) must be filed within 3
months after the date when the right to detailed assessment arose.
|
|
(3)
|
The solicitor must also serve a copy of the request
for detailed assessment on the LSC funded client or the assisted person, if
notice of that persons interest has been given to the court in
accordance with community legal service or legal aid regulations.
|
|
(4)
|
Where the solicitor has certified that the LSC funded
client or that person wishes to attend an assessment hearing, the court will,
on receipt of the request for assessment, fix a date for the assessment
hearing.
|
|
(5)
|
Where paragraph (3) does not apply, the court will,
on receipt of the request for assessment provisionally assess the costs without
the attendance of the solicitor, unless it considers that a hearing is
necessary.
|
|
(6)
|
After the court has provisionally assessed the bill,
it will return the bill to the solicitor.
|
|
(7)
|
The court will fix a date for an assessment hearing
if the solicitor informs the court, within 14 days after he receives the
provisionally assessed bill, that he wants the court to hold such a
hearing.
|
DETAILED ASSESSMENT PROCEDURE WHERE COSTS ARE PAYABLE
OUT OF A FUND OTHER THAN THE COMMUNITY LEGAL SERVICE FUND
47.17A
|
(1)
|
Where the court is to assess costs which are payable
out of a fund other than the Community Legal Service Fund, the receving party
may commence detailed assessment proceedings by filing a request in the
relevant practice form.
|
|
(2)
|
A request under paragraph (1) must be filed within 3
months after the date when the right to detailed assessment arose.
|
|
(3)
|
The court may direct that the party seeking
assessment serve a copy of the request on any person who has a financial
interest in the outcome of the assessment.
|
|
(4)
|
The court will, on receipt of the request for
assessment, provisionally assess the costs without the attendance of the
receiving party, unless it considers that a hearing is necessary.
|
|
(5)
|
After the court has provisionally assessed the bill,
it will return the bill to the receiving party.
|
|
(6)
|
The court will fix a date for an assessment hearing
if the party informs the court, within 14 days after he receives the
provisionally assessed bill, that he wants the court to hold such a
hearing.
|
VII COSTS OF DETAILED ASSESSMENT PROCEEDINGS
LIABILITY FOR COSTS OF DETAILED ASSESSMENT
PROCEEDINGS
47.18
|
(1)
|
The receiving party is entitled to his costs of the
detailed assessment proceedings except where -- the provisions of any Act, any of these Rules
or any relevant practice direction provide otherwise; or
- the court makes some other order in relation to
all or part of the costs of the detailed assessment proceedings.
|
|
(2)
|
In deciding whether to make some other order, the
court must have regard to all the circumstances, including -- the conduct of all the parties;
- the amount, if any, by which the bill of costs
has been reduced; and
- whether it was reasonable for a party to claim
the costs of a particular item or to dispute that item.
|
OFFERS TO SETTLE WITHOUT PREJUDICE SAVE AS TO COSTS
OF THE DETAILED ASSESSMENT PROCEEDINGS
47.19
|
(1)
|
Where -- a party (whether the paying party or the
receiving party) makes a written offer to settle the costs of the proceedings
which gave rise to the assessment proceedings; and
- the offer is expressed to be without
prejudice(GL) save as to the costs of the detailed
assessment proceedings, the court will take the offer into account in deciding
who should pay the costs of those proceedings.
|
|
(2)
|
The fact of the offer must not be communicated to the
costs officer until the question of costs of the detailed assessment
proceedings falls to be decided.
|
|
(The costs practice direction provides that rule 47.19
does not apply where the receiving party is a LSC funded client or an assisted
person)
|
VIII APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT
PROCEEDINGS RIGHT TO APPEAL
VIII APPEALS FROM AUTHORISED COURT OFFICERS IN
DETAILED ASSESSMENT PROCEEDINGS RIGHT TO APPEAL
47.20
|
(1)
|
Any party to detailed assessment proceedings may
appeal against a decision of an authorised court officer in those
proceedings.
|
|
(2)
|
For the purposes of this Section, a LSC funded client
or an assisted person is not a party to detailed assessment proceedings.
|
|
(Part 52 sets out general rules about appeals)
|
COURT TO HEAR APPEAL
47.21
|
An appeal against a decision of an authorised court
officer is to a costs judge or a district judge of the High Court.
|
APPEAL PROCEDURE
47.22
|
(1)
|
The appellant must file an appeal notice within 14
days after the date of the decision he wishes to appeal against.
|
|
(2)
|
On receipt of the appeal notice, the court will
-- serve a copy of the notice on the parties to
the detailed assessment proceedings; and
- give notice of the appeal hearing to those
parties.
|
POWERS OF THE COURT ON APPEAL
47.23
|
On an appeal from an authorised court officer the
court will -- re-hear the proceedings which gave rise to the
decision appealed against; and
- make any order and give any directions as it
considers appropriate.
|
Endnote:
(71)
|
1838 c.110. Section 17 was amended by S.I. 1998/2940.
|
(72)
|
1984 c.28. Section 74 was amended by section 2 of the Private
International Law (Miscellaneous Provisions) Act 1995 (c.42).
|
(73)
|
1838 c.110. Section 17 was amended by S.I. 1998/2940.
|
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|