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SECTION 17  
17.1   Applications Generally
  
(a)   Detailed assessment proceedings are commenced by the receiving party serving on the paying party a notice of commencement, a copy of the bill of costs and certain other documents. After that date, and sometimes even before that date, applications relating to the proceedings or intended proceedings can be made by any party.
(b)   An application can be made in the Supreme Court Costs Office if that is the "appropriate office" for the purposes of CPR 47.4 (and see para 8.1, above). In order to make an application, the party must file in court a notice of application, copies of any documents relied on in support and the appropriate court fee, or a fee exemption certificate (see Section 27, below).
(c)   The notice of application should be in Form N244. Note that the use of such a form and the requirement to pay a court fee may be avoided in some cases; if the SCCO has previously made an order or given directions in the detailed assessment proceedings, that order may include a "liberty to apply" which entitles the parties seeking a further order or directions to write to the court requesting it to restore the previous application rather than issuing a new one.
17.2   Evidence in Support of Applications
  
(a)   All evidence relied on in support of an application must be filed in court, ideally at the same time the application notice is filed.
(b)   Part C of Form N244 enables the applicant to identify the evidence relied on in support of his application. The applicant can rely upon written evidence set out in the notice or in a separate witness statement. In either case such evidence must contain a statement of truth, ie, a statement in the following form:
  [I believe] [the (claimant or as may be) believes] that the facts stated in this application notice (or witness statement as may be)] are true.
  The statement of truth must be signed by the litigant, or his litigation friend, or legal representative or witness, as may be.
(c)   Other documents, not especially prepared for the purpose of the application, may also be relied on as evidence, eg, copies of letters received and letters sent.
17.3   Extension of Time for Commencing Detailed Assessment Proceedings
   The time limit for commencing detailed assessment proceedings is summarised in para 4.2, above. The parties may agree to extend this time. Alternatively, the receiving party can make an application for an order extending the time limit. Note that permission to commence detailed assessment proceedings out of time is not required.
17.4   Extensions of Time for Service of Points of Dispute
   The time limit for service of points of dispute is summarised in para 5.1, above. Failure to serve points of dispute in time may lead to the receiving party obtaining a default costs certificate (as to which see Section 6, above). The parties may agree to extend the time for service of points of dispute, alternatively the paying party may apply to the appropriate office for an order extending the time limit.
17.5   Extension of Other Time Limits
   The time limit for serving a reply to points of dispute is summarised in para 5.1 above and the time limit for filing a request for a detailed assessment hearing is summarised in para 8.1, above. In any case directions of the court may impose further time limits for the taking of certain steps, eg the service of witness statements. All these time limits may be extended by the agreement of the parties or, alternatively, by an order made upon an application.
17.6   Changing the Date Fixed for a Detailed Assessment Hearing
   A date fixed for the hearing of a detailed assessment cannot be changed or cancelled merely by the agreement of the parties unless the parties agree a compromise and the detailed assessment proceedings are settled. If detailed assessment proceedings are settled the receiving party must give notice of that fact to the court immediately, preferably by fax. The current fax numbers are: 020 7947 6247 or 6344. In other cases, if one or all parties wishes to vary a date fixed, he or they must make an application in Form N244 or request the court to restore a previous application for hearing, if a "liberty to apply" has previously been given..
17.7   Amending Bills of Costs, Points of Dispute or Replies
   If a party wishes to vary his bill of costs, points of dispute or reply, an amended or supplementary document must be filed with the court and copies of it must be served on all other relevant parties. Note that permission is not required but the court may later disallow the variation or permit it only upon conditions, including conditions as to the payment of any costs caused or wasted by the variation.
17.8   Case Management Directions
   Where appropriate any party can apply for case management directions, such as timetable directions for the exchange of witness statements and facilitating cross examination, or timetable directions concerning the detailed assessment of "linked bills", ie other bills of costs made in the same proceedings. Especially in the case of larger bills of costs, ie, bills exceeding £200,000, timetable directions may be given fixing a series of dates for the detailed assessment hearing. For example, if the estimated hearing time is five days, a one day appointment may be given for particular points of dispute (perhaps relating to VAT entitlement, solicitor's hourly rates, and all fees claimed in respect of the trial) with a four day appointment for the remaining points of dispute to take place some four weeks later. Splitting the hearing into two appointments usually enables the court to give an earlier appointment than it otherwise could. Also, by determining selected issues at the first appointment, the parties may be able to agree the remaining points so obviating the need for the later appointment.
17.9   Agreed Costs Certificates
  
(a)   Parties may agree all or part of the costs before or after the court has become involved in the detailed assessment proceedings. An interim or a final certificate can be issued.
(b)   In the course of proceedings a receiving party may claim that the paying party has agreed to pay costs but will neither pay those costs nor join in a consent application. The receiving party may apply under Part 23 for an interim or final certificate to be issued. The application must be supported by evidence and will be heard by a Costs Judge.
17.10   Change of Solicitor
  
(a)   Where a solicitor's business address has been properly given as the address for service of a party that solicitor is said to be "on the record" as acting for that party and, as such, will continue to be served with documents and will be expected to attend court hearings until such time as he is "off the record". That will not occur until a notice of change of solicitor is filed by or on behalf of the party, or, in a LSC funded case, until the solicitor files a notice of discharge of revocation of the funding certificate, or until the solicitor obtains an order for the removal of his name from the record.
(b)   In practice, when a solicitor and client fall out and the client is not intending to instruct another solicitor, the former solicitor will often prepare a notice of change and either obtain the client's signature to it and then file it or will send it to the former client for him to sign and file. The former solicitor will no doubt warn the client that, if he refuses or unreasonably fails to serve and/or file the notice the solicitor may apply for an order that the solicitor has ceased to act together with an order for the costs of the application.
(c)   An application for an order declaring that a solicitor has ceased to be the solicitor acting for a party should be made under Part 23 and should be supported by evidence. The notice of application and evidence should not be served on other parties to the proceedings but should be served on the former client unless the court directs otherwise.
(d)   An applicant for an order declaring that he has ceased to be the solicitor acting for a party should consider whether he wishes the application to be dealt with without a hearing. As a general rule the court will make an order without a hearing (adding liberty to apply to stay, set aside or vary the order) if satisfied that the application is made by consent, is unopposed or appears overwhelmingly strong.
17.11   Stay of Detailed Assessment Proceedings
   The bringing of an appeal against an order for costs does not stay the detailed assessment of those costs unless the court so orders (CPR 47.2). An application to stay the detailed assessment pending an appeal may be made either to the court whose order is being appealed or to the court who will hear the appeal. The application should not normally be made to the SCCO.
17.12   Stay of Enforcement of Costs Certificates
  
(a)   Applications for an order staying enforcement of a default costs certificate, an interim costs certificate or a final costs certificate issued by the SCCO may be made either to the SCCO or to a court which has general jurisdiction to enforce the certificate. In the SCCO the application will be heard by the Costs Judge who assessed the costs in question or, if the costs were assessed by a costs officer, by the Sitting Master. The application should usually be accompanied by evidence of the paying party's income, assets, other liabilities and proposals for payment. The usual form of order granting a stay is on terms requiring the paying party to pay off the certified costs by specified instalments.
(b)   If the certificate relates to the costs of a County Court case sent to the SCCO for assessment which nevertheless remains a County Court case, the paying party may, as an alternative to applying for a stay of enforcement, apply to the SCCO or the County Court for an order varying the certificate into an order for payment by instalments.
17.13   Other Applications
   The paragraphs mentioned below contain notes on the following applications in detailed assessment proceedings: for assessment before conclusion of main proceedings (para 4.1), · for an order setting aside a default costs certificate (paras 7.1 and 7.2), · for assignment from a costs officer to a Costs Judge (para 8.3), · for an interim costs certificate (para 8.5), · for permission to appeal (para 13.2), · for correcting accidental slips or omissions in certificates (para 14.2), · for sanctions for failure to commence in time (para 16.1), and · for a wasted costs order (para 16.3).