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SECTION 29 |
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29.1 |
Introduction |
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| (a) |
This Section of the Guide deals with the determination of costs where the
court has made an order that the Lord Chancellor pay the costs of proceedings under Section
53A of the Justices of the Peace Act 1997 ("Section 53A") or under Section 2A of the Taxes
Management Act 1970 ("Section 2A"). The amount of costs payable by the Lord Chancellor
will be determined in accordance with the Justices and Justices Clerks (Costs) Regulations
2001 (SI 2001 No.1296) or the General Commissioners of Income Tax (Costs) Regulations
2001 (SI 2001 No.1304), and not in accordance with the CPR 47.
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| (b) |
The costs payable by the Lord Chancellor under an order under Section 53A
are the costs of proceedings in respect of any act or omission of a Justice of the Peace or a
Justices' Clerk in the execution (or purported execution) of his duty
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| (i) |
as a single Justice; or
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| (ii) |
as a Justices' Clerk exercising, by virtue of any statutory provision, any of the
functions of a single Justice.
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| (c) |
The costs payable by the Lord Chancellor under an order made under Section
2A are the costs of proceedings in respect of any act or omission of a General Commissioner
in the execution (or purported execution) of his duty as a General Commissioner.
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| (d) |
The court will normally, when making the order for costs, determine the
amount it considers sufficient reasonably to compensate the receiving party for any costs
properly incurred by him in the proceedings and specify that amount in the order.
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| (e) |
The court may direct that the amount of costs be determined by a Costs Judge,
where the hearing has lasted more than one day, or there is insufficient time for the court to
determine the costs on the day of the hearing, or the court considers that there is other good
reason for the Costs Judge to determine the amount of the costs.
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| (f) |
A court which makes an order under Section 53A or Section 2A which
determines the amount payable by the Lord Chancellor or which directs that the amount be
determined by a Costs Judge, must serve that order on the receiving party and on the Lord
Chancellor.
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29.2 |
Time Limit for Proceedings in the SCCO |
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| (a) |
Where the court orders the costs to be determined by a Costs Judge the
receiving party is required by the Regulations to file a claim for costs and a copy of the order
in the Supreme Court Costs Office and to serve a copy of the claim on the Lord Chancellor.
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| (b) |
The time for filing and serving such a claim is no later than three months from
(but excluding) the date on which the order was made. The Costs Judge may on the
application of the receiving party, in exceptional circumstances, extend the period of three
months.
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29.3 |
Form of Application |
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| (a) |
A claim for costs to be determined by a Costs Judge following an order under
Section 53A or Section 2A is made by a claim form to which CPR Part 8 applies (Form
N208) accompanied by copies of:
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| (i) |
the order of the court giving the right to costs;
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| (ii) |
a statement signed by the receiving party or his solicitor giving the name, address for
service, reference and telephone number and fax number, if any, of (a) the receiving
party and (b) the Lord Chancellor;
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| (iii) |
copies of any orders made by the court relating to the costs of the proceedings which
are to be determined;
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| (iv) |
any fee notes of counsel;
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| (v) |
receipts or accounts for other disbursements relating to items claimed; and,
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| (vi) |
the relevant papers in support of the costs claimed.
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| (b) |
In respect of the costs claimed, the receiving party may either:
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| (i) |
file with the claim form a bill of costs, the form and layout of which is similar to the
bills referred to in Section 3 above; or
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| (ii) |
set out in the claim form a summary of the items of work done by a legal
representative, or the receiving party as a litigant in person, as appropriate; the dates
on which items of work were done; the time taken; and the sums claimed. The
claims form must specify any disbursements claimed, including counsel's fees; the
circumstances in which they were incurred and the amounts claimed in respect of
them.
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| (c) |
If the receiving party wishes to draw any special circumstances to the attention
of the Costs Judge those circumstances must be specified in the bill or in the claim form.
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| (d) |
The current court fee payable in respect of determinations under these
Regulations is £120.
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29.4 |
Service on the Lord Chancellor |
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| (a) |
Within three months from the date on which the order under Section 53A or
Section 2A was made, the receiving party must serve a sealed copy of the claim form together with copies of:
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| (i) |
the order of the court giving the right to costs;
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| (ii) |
any bill of costs filed;
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| (iii) |
any fee notes of counsel;
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| (iv) |
receipts or accounts for other disbursements relating to items claimed.
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29.5 |
Written Representations and Replies |
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| (a) |
The Lord Chancellor may, if so advised, no later than one month from (but
excluding) the date on which he received the claim from the receiving party, file written
representations in respect of the claim, at the Supreme Court Costs Office and at the same
time serve a copy of them on the receiving party.
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| (b) |
Where the Lord Chancellor makes written representations the receiving party
may, if so advised, file a reply at the Supreme Court Costs Office within 21 days after service
of the written representations on the receiving party. A copy of the reply must be served on
the Lord Chancellor at the same time.
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29.6 |
Case Management Directions |
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The Costs Judge may give directions in respect of:
| (ii) |
any written representations or reply;
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| (iii) |
the filing and serving of any further particulars or documents; and,
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| (iv) |
to ensure that the determination of costs is dealt with justly.
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29.7 |
The Determination |
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| (a) |
After receiving points of dispute and/or a reply, or after the time for filing
such documents has expired, if earlier, the Costs Judge will provisionally determine the
amount of costs without the attendance of either party unless
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| (i) |
either party has required the court to fix a date for a hearing; or
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| (ii) |
the court considers that a hearing is necessary.
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| (b) |
After a provisional determination, the court will give both parties notice of the
amount which the court proposes to allow.
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| (c) |
The court will fix a date for hearing if either party informs the court, within 14
days after receipt of notice of provisional determination, that he wants the court to hold a
hearing.
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| (d) |
Where the court fixes a date for a determination hearing, it will give at least 14
days notice to each party of the place, date and time of the hearing.
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29.8 |
Costs of Proceedings in the SCCO |
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In respect of costs incurred in the SCCO CPR 44.3 gives the court a discretion as to whether
the costs of the application are payable by one party to another, the amount of those costs and
when they are to be paid.
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29.9 |
Result of the Determination |
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| (a) |
On a provisional determination, or at a determination hearing, the court will
note on the bill of costs or claim form all items allowed, disallowed or reduced.
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| (b) |
Once the determination has been concluded
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| (i) |
if the receiving party is legally represented, the legal representative should within the
next 14 days make clear to the court the correct figures agreed or allowed in respect of
each item and should recalculate the amount to be allowed; or
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| (ii) |
if the receiving party is not legally represented, the Lord Chancellor should, within
the next 14 days make clear to the court the correct figures agreed or allowed in
respect of each item and should recalculate the amount to be allowed.
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| (c) |
On the completion of the determination the court will draw up an order
specifying the amount payable by the Lord Chancellor under the order made under Section
53A or Section 2A and specify what if any order for the costs of the proceedings in the SCCO
was made and (if appropriate) the amount of those costs.
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29.10 |
Appeals |
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CPR Part 52 applies to any appeal brought in respect of proceedings to which this section
applies. Information about appeals and the time limits which apply is given in Section 13,
above.
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