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SECTION 1  1
1.1   The Work of the SCCO
  
(a)   The Supreme Court Costs Office (SCCO) is a distinct part of the High Court, separate from the Queens Bench Division, Chancery Division and Family Division. It has two ranks of judicial officer: Costs Judges (also known as Taxing Masters and as Masters of the SCCO) and costs officers (senior civil servants from whose decisions appeals lie as of right to a Costs Judge).
(b)   The primary function of the SCCO is the assessment of costs which are recoverable from a litigant by another litigant or by a lawyer. In the past, assessments (then called "taxations") were conducted by specialist Judges appointed to each court. In 1842 the office of Taxing Master was created and Taxing Masters were appointed to each Division of the High Court. The Supreme Court Taxing Office was originally one of the Departments which made up the Central Office. At the start of the 20 th century it took over the work of the Chancery Taxing Masters. In 1999 the Civil Procedure Rules ("CPR") adopted the term "detailed assessment" in place of "taxation" at which time the SCCO was created. It now has jurisdiction to assess costs awarded by any Judge of the Court of Appeal, High Court or County Court. Since 2000 it has had the jurisdiction to assess orders for costs made in the Family Division of the High Court and in the Principal Registry.
(c)   Regional Costs Judges
Regional Costs Judges have been appointed on all circuits outside London. They are District Judges who have been appointed to hear detailed assessment of bills of costs that fall within the criteria of the scheme at a venue which is convenient to the parties and their legal representatives.
  The criteria for a detailed assessment to be referred to a Regional Costs Judge, rather than the local District Judge, are as follows: the time estimate for the detailed assessment exceeds one day; and/or the sum claimed exceeds £50,000; and/or complex arguments on points of 21 law, or an issue affecting a group of similar cases, are identified in the points of dispute or the reply or are referred to in argument at a detailed assessment hearing.
  Once a request for detailed assessment in Form N258 has been filed at court the bill will be referred to a District Judge who will consider whether it falls within the criteria for reference to a Regional Costs Judge. If it does, the bill will be referred to the appropriate Regional Costs Judge who will then decide whether to accept it and will give any directions required, including directions as to listing.
  If a party wishes to make submissions as to whether any particular detailed assessment fulfils the criteria for reference to a Regional Costs Judge, or as to the most convenient court for any hearing before a Regional Costs Judge, they should first consult the other parties or their legal representatives before making submissions to the court. It is helpful if such submissions are filed with the court when the request for detailed assessment is lodged. If possible the parties should attempt to agree the reference to the Regional Costs Judge, any directions and the most convenient venue.
  A list of the names and court addresses of the District Judges who were appointed Regional Costs Judges in 2005 is set out on pages 12 and 13, above.
1.2   Representation
  
(a)   Solicitors
  In most cases parties will be represented by the solicitors who have acted for them in the litigation in which the order for costs has been made. The name, address, telephone and fax numbers and reference of each such solicitor is set out on the Statement of Parties which is lodged when a request for a detailed assessment hearing is made (see further, Section 8, below).
  Where proceedings are brought by claim form under Part III of the Solicitors Act 1974Acts, the name and other details of each party's solicitor are set out in the claim form or in the acknowledgment of service, as the case may be. Solicitors remain on the record of the court until they obtain an order for their removal, or until another firm or the litigant in person files and serves a notice of acting. Notices of acting should be filed in the SCCO and also in the court office of the court in which the relevant order for costs was made if proceedings are still continuing in that court.
  The firm on the record may be represented by a fee earner, for example, a partner, an assistant solicitor, a legal executive, a trainee solicitor or a paralegal or other clerk employed by the firm. Alternatively, firms outside London sometimes instruct a firm of solicitors in London to act on their behalf as an agent at any hearing.
(b)   Bankrupt Party
  A bankrupt has no right to be heard unless an order under Section 303 of the Insolvency Act 1986 has been made. It is normally for the trustee in bankruptcy to decide what steps to take on behalf of the bankrupt's estate in relation to any proceedings in the SCCO.
(c)   Company
  Under the CPR, companies are not required to act by a solicitor when starting proceedings or defending them. Thus, they may act by any duly authorised agent. Where a document is to be verified on behalf of a company a statement of truth as to that document may be signed by any person holding a senior position in the company. However, once a matter proceeds to a hearing, the company, by its officers or employees or otherwise, has no personal right of audience. CPR 39.6 permits the representation of a company "at trial" by an employee but this is not as of right; the rule states that the person wishing to speak for the company must obtain the court's permission. The Practice Direction to that rule sets out the information to be given to the court in such circumstances, states that such permission should be sought in advance and states that such permission may be obtained informally and without notice to the other parties. Although CPR 39.6 concerns representation at trial, the Practice Direction provisions concern representations at any hearing.
(d)   Costs draftsmen
At present independent costs draftsmen have no rights of audience as such but, by concession, are treated as if they are in the employ of the firm of solicitors instructing them. They have no rights of audience on behalf of a litigant in person (but see McKenzie Friend below). It has been proposed that the Association of Law Costs Draftsmen should be authorised to grant rights of audience and rights to conduct litigation to certain of its members when participating in detailed assessments.
  
(e)   Patent agents, trademark agents and claims consultants
  In any patent action conducted by a patent agent, the patent agent may have a right to appear. Similar rights have now been granted to trademark agents in respect of trademark cases. In certain cases (such as arbitrations and planning matters) surveyors and other persons acting as claims consultants who have conducted the proceedings may be permitted to appear.
(f)   Counsel and counsel's clerks
  Counsel properly briefed by solicitors or by the litigant have full rights of audience. However, if they appear on their own behalf without a brief they are not entitled to a fee. Counsel's clerks attending as such do not have any right of audience. However, in an exceptional case, counsel's clerk may be allowed a hearing on behalf of counsel if counsel so requests in writing and if the Costs Judge or costs officer so allows.
(g)   McKenzie Friend
  As a general rule, a litigant in person will be allowed to receive the assistance of a friend at the hearing to give advice and to take notes (but not to act as advocate). However, in a particular case, the court may refuse to allow such assistance to be given, or to be continued, if there are strong and compelling reasons for believing that such assistance will impede the efficient administration of justice.
1.3   Sitting Master
   Costs Judges act from time to time on a rota basis as Sitting Master to hear applications, in detailed assessment proceedings which have not been assigned to a particular Costs Judge or 24 costs officer, to hear applications under the Solicitors Act 1974Acts and to deal with enquiries relating to practice and law arising out of assessments. Such enquiries may be made indirectly, via his clerk, or, in the case of Judges of the Supreme Court or other courts throughout the country, directly.
1.4   Office hours
  
(a)   In common with other civil courts the SCCO is open from 10 am until 4.30 pm from Mondays to Fridays. It is closed on public holidays and on the Tuesday after Easter Monday.
(b)   During the month of August it is not possible to issue or file documents in the SCCO after 2.30 pm. However cases may still be listed for hearing throughout the day and therefore the office remains open to lawyers, litigants and the public wishing to attend such hearings.
1.5   SCCO Support Sections
   Once proceedings have been commenced in the SCCO further work done in preparation for hearings is dealt with by the clerks of the Costs Judges Section for hearings before a Master and by clerks of the Costs Officers Section for hearings before a costs officer. When an assessment has been completed and the appropriate fees paid these Sections will also deal with the issue of the final costs certificates. The clerks in these Sections deal with appointments, correspondence and telephone enquiries. They do not give legal advice to parties. However, assistance and guidance will be given in appropriate circumstances as to general office practice. Assistance and guidance on technical matters which are complex and difficult may be referred to the Principal Costs Officer or to a designated senior clerk who will endeavour to help, possibly after consultation with the Costs Judge or costs officer to whom the case has been allocated.
1.6   The SCCO File
   On receiving the appropriate documents and court fees in respect of each application or request the court clerks will open a file and allocate to it a distinct file number. Subsequently further documents may be added to that file, eg, correspondence, witness statements, notes of hearings and the orders made thereon. Unless the court otherwise orders, any party to the proceedings is entitled, without permission, to obtain a copy of any document filed in the SCCO in respect of those proceedings if he pays any prescribed fee and files a written request for the document. Persons other than parties have much more limited rights of obtaining documents from the court file (CPR 5.4).
1.7   Referrals to the RCJ Citizens Advice Bureau
  
(a)   The Citizens Advice Bureau is able to give general legal advice to litigants in person and, for this purpose, maintains an office in the Royal Courts of Justice near the Main Hall.
(b)   The Bureau operates on a "first come first served" basis. Clients will be seen first by a receptionist who will assess their eligibility for assistance by the Bureau. If they are eligible and the advice and assistance sought falls within the Bureau's remit they will be referred to a lawyer who will endeavour to provide the advice or assistance sought. Problems which can be resolved quickly will normally be dealt with there and then. If matters need more time, for example those involving a difficult point of law or procedure, or those requiring more information, research or the drafting of documents, the client will be asked to come back and an appointment made.
(c)   Further information about the RCJ Citizens Advice Bureau and its referral scheme can be obtained from the SCCO Support Sections.
1.8   Contacting the SCCO by Letter or Fax
  
(a)   Although, during office hours, applications and other documents may be delivered by hand to the Costs Office, in practice most are delivered by letter or by fax. All such documentation should be sent with a covering letter stating any SCCO references relevant to the documentation. If a fee is payable the documentation should include a cheque or bankers draft made in favour of HM Paymaster General or HMPG. Parties who 26 wish to pay court fees in cash must hand deliver the payment to Room E01 in the Royal Courts of Justice.
(b)   Letters and documentation may be sent by post to: The Court Manager Supreme Court Costs Office Cliffords Inn Fetter Lane London EC4A 1DQ
  Or by document exchange (DX) to DX 44454 Strand.
(c)   In an emergency urgent documents may be sent to the Costs Office by fax on number 020 7947 6247 or 020 7947 6344. If the fax relates to a hearing, the date and time of the hearing should be prominently displayed as well as the relevant SCCO reference number. Examples of urgent documents it is appropriate to send by fax are: documents required by the court at short notice before the hearing and letters informing the court of a settlement which obviates the need for some or all parties to attend a hearing. A fax should not be used to send letters or documents of a routine or non urgent nature, bills of costs, papers supporting bills or skeleton arguments.
(d)   Where a document is filed by fax, the party filing it is not required in addition to send to the SCCO any further copy of that document, eg by post or document exchange. Documents sent by fax are not to be regarded as filed at court unless and until they are delivered by the court's fax machine. If a fax is delivered after 4 pm, or at any time on a day when the court office is closed, it will be treated as filed on the next day the court office is open.
1.9   Contacting the SCCO by Telephone
  
(a)   The SCCO can be contacted via the telephone numbers set out in the List of Costs Judges and Costs Officers (see page 11, above) or via the switchboard at the Royal 27 Courts of Justice, the number of which is 020 7947 6000. Also once a file has been opened and the SCCO has entered into correspondence thereon the SCCO notepaper and compliments slips will show the telephone number of the relevant clerk. Parties should use this number when contact by letter or fax is not possible or not appropriate.
(b)   In some cases the hearing of a detailed assessment may be conducted by telephone. If it is a hearing at which more than one party may be represented, the court will give directions as to who must arrange the conference call and the Costs Office number which should be used on that call. Most telephone hearings concern cases in which only one party wishes to attend. In those cases the court will give directions stating the Costs Office telephone number to be used, the date and time of the appointment and stating whether it should be by way of a conference call or an ordinary telephone call.
1.10   SCCO Page on the Court Service Website
   The SCCO page on the Court Service Website comprises a miscellany of information including the text of various guides and guideline figures published by the SCCO and the text of the Civil Procedure Rules and Practice Directions on Costs and summaries of recent costs appeals which contain important points of principle. The address of the SCCO page is www.hmcourts-service.gov.uk/infoabout/scco/index.htm.