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SECTION 3 |
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3.1 |
Essential Ingredients |
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| (a) |
Each bill should start with the full title of the proceedings, the name of the
party whose bill it is and a description of the order for costs or other document giving the
right to detailed assessment (as to which, see CPD 40.4).
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| (b) |
The bill should then give some background information about the case
including a brief description of the proceedings, a statement of the status of the fee earners in
respect of whom costs are claimed, the rates claimed for each such person and a brief
explanation of any agreement or arrangement between the receiving party and his legal
representatives which affects the costs claimed in the bill. There may also be a further matter
to deal with if the party whose bill it is previously filed an estimate of costs in these
proceedings. If there is a difference of 20% or more between the costs in the estimate and
the costs (excluding the amount of any additional liability) claimed in the bill, the
background information should state the reasons for that difference. See further as to
differences between estimates and bills in paragraph 9.3 below.
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| (c) |
After the title and background information, it is convenient to divide the paper
into several columns headed as follows: item number, date and description of work done,
VAT, disbursements, profit costs.
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| (d) |
The bill should conclude with a summary showing the total costs claimed and
with such of the certificates made by the receiving party or his legal representatives which are
relevant (see further, paragraph 3.5 below).
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3.2 |
Dividing Bills of Costs into Separate Parts |
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Sometimes it is necessary or convenient to divide the section of the bill containing the actual
items of costs into separate parts, numbered consecutively. For example, division into parts
is necessary where there has been a change of solicitor, or where there has been some other
change in the funding arrangements (eg to show costs incurred before, during and after the
currency of LSC funding) to show costs claimed under different orders against different
paying parties and to show costs before and after a change in the rate of VAT.
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3.3 |
Dividing Each Part into Separate Items |
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| (a) |
In each part of a bill all the items claimed must be consecutively numbered
and must be divided under such of the following heads as may be appropriate:
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| (1) |
Attendances on the court and counsel, in chronological order, up to the date of the
notice of commencement.
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| (2) |
Attendances on and communications with the receiving party.
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| (3) |
Attendances on and communications with witnesses, including any expert witness.
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| (4) |
Attendances to inspect any property or place for the purposes of the proceedings.
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| (5) |
Attendances on and communications with other persons including officers of public
records.
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| (6) |
Communications with the court and with counsel.
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| (7) |
Work done on documents: preparing and considering documentation, including
documentation relating to pre action protocols where appropriate, work done in
connection with arithmetical calculations of compensation and/or interest and time
spent collating documents.
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| (8) |
Work done in connection with negotiations with a view to settlement if not already
covered in the heads listed above.
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| (9) |
Attendances on and communications with London and other agents and work done by
them.
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| (10) |
Other work done which was of or incidental to the proceedings which is not already
covered in any of the heads listed above.
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| (b) |
In the list of items just given, the word "attendances" includes interviews and
meetings and the word "communications" covers letters and e-mails sent and telephone calls.
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| (c) |
In each part of a bill which claims items under head 1 (attendances on court
and counsel) a note should be made setting out, in chronological order with dates, all the
relevant events in the proceedings including events which do not constitute chargeable items
and including all orders for costs which the court has made (whether or not a claim is made in
respect of those costs in this bill). Note that head 1 covers only attendances on the court
and counsel. Communications with the court and counsel fall within head 6.
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| (d) |
Under heads 2 to 10, claims in respect of routine communications should be
claimed as a single amount at the end of each head (eg "29 routine letters out at £x each and 8
routine telephone calls at £y each ... £z"). If the number of attendances and non routine
communications under a head is less than 20, each of them should be set out, in chronological
order with dates. However, if under any head the number of attendances and non routine
communications amount to 20 or more, the claim for the cost of those items in that part of the
bill should be for the total only and should refer to a schedule in which the full record of
dates and details is set out. Where bills contain more than one schedule each schedule
should be numbered consecutively.
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3.4 |
Model Forms of Bills of Costs |
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The CPD contains several model forms of bill of costs. The use of these model forms is not
compulsory but is recommended and, when a different form is used, a short explanation of
why it has been adopted should appear in the narrative towards the beginning. Precedent A
is the one which is most frequently used in practice: it is illustrated in the Appendix, below,
para A-1.
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3.5 |
Certificates in Bills of Costs |
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The final part of the bill of costs should contain such one or more of the prescribed certificates as are appropriate to the case and then the signature of the receiving party or his
legal representative. These certificates give information on matters such as any rulings made
as to entitlement to interest on costs, any payments made by the paying party on account of
costs included in the bill and as to the receiving party's entitlement to recover from the
paying party the VAT he is or has been liable to pay on the costs claimed. The text of the certificates is set out in the Appendix, below, para A-2.
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3.6 |
Disk Copies of Bills |
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If the bill of costs is capable of being copied onto a computer disk, the paying party is entitled
to demand a disk copy free of charge (CPD para 32.11).
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