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SECTION 8 |
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8.1 |
Forms of Request |
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| (a) |
There are four forms of request:
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| (i) |
N258: request for detailed assessment hearing (general form).
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| (ii) |
N258A: request for detailed assessment (legal aid/LSC only).
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| (iii) |
N258B: request for detailed assessment (costs payable out of a fund other than the
Community Legal Service Fund).
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| (iv) |
N258C: request for detailed assessment hearing pursuant to an order under Part 3 of the Solicitors Act 1974Acts.
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| (b) |
The request should be filed in the District Registry or County Court in which the
case was being dealt with when the judgment or order for costs was made or when the event
occurred which gave rise to the right to assessment, or to which it has subsequently been
transferred; in all other cases the request must be filed in the SCCO (CPR 47.4). Special
provisions apply to cases proceeding in the London County Courts: see para 8.2, below.
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| (c) |
In cases in which Form N258 is appropriate, the request should be filed within six
months after the judgment, order or event giving rise to the right to costs. In cases in which any
of the other three forms of request is appropriate, the request should be filed within three months
after the judgment, order or event giving rise to the right to costs. As to the making of
agreements or applications for an extension of this time limit, see para 17.5, below.
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8.2 |
Detailed Assessment by the SCCO of Costs of Civil Proceedings in London County Courts |
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Where there is an order or judgment for costs in civil proceedings in the courts listed below, the
receiving party must file the request for detailed assessment in the SCCO. All applications and
requests must be made there. The relevant courts: Barnet, Bow, Brentford, Bromley, Central
London, Clerkenwell, Croydon, Edmonton, Ilford, Lambeth, Mayors and City of London,
Romford, Shoreditch, Uxbridge, Wandsworth, West London, Willesden and Woolwich.
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8.3 |
Documents to Accompany the Request |
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| (a) |
Each form of request contains a series of tick boxes which give guidance as to the
documents which should accompany the request. In cases of difficulty or uncertainty litigants
and their representatives should also refer to the full list of documents which is set out in the
Costs Practice Directionpdp-43 at para 40.2.
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| (b) |
As to the fee which may be payable when filing a request, further details are given
in Section 27, below.
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8.4 |
Allocation to a Costs Officer or Costs Judge |
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| (a) |
As a general rule bills not exceeding £75,000 (excluding VAT) will be allocated
to a costs officer. Larger bills will be allocated to a Costs Judge. Costs Judges also assess bills
with a value below £75,000, excluding VAT, where they are linked to other bills which exceed
that sum, involve complex legal argument, or involve an assessment under the Solicitors Act
1974.
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| (b) |
On receipt of a form of request for a detailed assessment hearing, duly completed,
the court clerk will enter the case on the computer, give it a reference number and then allocate
the case by ballot to a particular costs officer or Costs Judge. The court clerk will then prepare
an acknowledgement of the request which gives details of the reference number and the initials
of the costs officer or Costs Judge to whom it has been assigned.
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| (c) |
Where the parties are agreed that the detailed assessment should not be made by a
costs officer the receiving party should so inform the court clerk when filing the request. The
court clerk will then allocate the case to a Costs Judge.
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| (d) |
If, after a case has been allocated to a costs officer, a party who objects to the
detailed assessment being made by a costs officer must apply to a Costs Judge setting out the
reasons for the objection. If sufficient reason is shown the court will direct that the bill should
be assessed by a Costs Judge.
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8.5 |
Obtaining the Date for the Hearing |
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| (a) |
On receipt of the request for a detailed assessment hearing the court will fix a date
for the hearing, or, if the costs officer or Costs Judge so decides, will give directions or fix a date
for a preliminary appointment.
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| (b) |
The court will give at least 14 days notice of the time and place of the detailed
assessment hearing to every person whose name and address appears on the statement of persons
to whom notice should be given which accompanies the request
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| (c) |
Cases assigned to a costs officer are usually given a date for hearing not more
than 12 weeks later than the date the request for a hearing was filed. Cases assigned to a Costs
Judge are usually given a date for hearing not more than six months later than the date upon
which the request for a hearing was filed. When filing the request the receiving party should
also file a note of any dates upon which, to his knowledge, a detailed assessment hearing would
be inconvenient for any party likely to attend.
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| (d) |
One or two cases every day will be listed before the Principal Costs Officer in
Room 2.07 each day. The cases will be allocated on the day to a Costs Judge or costs officer
who becomes available.
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| (e) |
As to the making of an application to change the date for hearing once fixed, see
para 17.6.
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8.6 |
Application for an Interim Costs Certificate |
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| (a) |
At any time after the receiving party has filed the request for a detailed
assessment hearing, the receiving party may apply for the issue of an interim costs certificate.
Further details about making applications are given in Section 17, below. The application
should be listed before the costs officer or Costs Judge to whom the case has been allocated. If
the detailed assessment has been allocated to a Deputy Costs Judge the application will be heard
by the Sitting Master (see para 1.3).
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| (b) |
In determining what, if any, interim certificate to make, the court will consider,
amongst other things, the bill of costs, points of dispute thereon and any reply thereto and the certificate in the bill as to any payments on account which have already been made.
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| (c) |
The form of interim costs certificate, N257, specifies the amount which must be
paid, the time within which payment must be made and specifies whether the payment should be
made to the receiving party or into court to await the issue of a final costs certificate. Payment
into court is made at The Court Office, Kingsway, WC2B 6LE (DX 44455 Strand). Cheques
must be made payable to the "Accountant General of the Supreme Court". The general form is
the Form 100 Requests for Lodgment which must be accompanied by the relevant request for
lodgment and proof that court proceedings exist.
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| (d) |
An application to amend, cancel or stay enforcement of an interim costs certificate may be made to a Costs Judge (but not to a costs officer) and applications to stay
enforcement may also be made to any court which has jurisdiction to enforce the certificate.
Proceedings for enforcement of an interim costs certificate may not be issued in the SCCO.
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8.7 |
Lodging Papers in Support of the Bill |
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| (a) |
Unless the court otherwise directs the receiving party must file with the court the
papers in support of the bill not less than seven days before the date for the detailed assessment
hearing and not more than 14 days before that date.
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| (b) |
Save as mentioned below the papers to be filed and the order in which they are to
be arranged is as follows:
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| (i) |
instructions and briefs to counsel arranged in chronological order together with all
advices, opinions and drafts received and response to such instructions. Instructions are
now frequently given by letter or email. These instructions should be separated or
copied from the file if the original instructions sent to counsel are not available;
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| (ii) |
reports and opinions of medical and other experts;
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| (iii) |
any other relevant papers;
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| (iv) |
a full set of any relevant pleadings to the extent that they have not already been filed in
court;
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| (v) |
correspondence, files and attendance notes;
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| (vi) |
where the claim also includes a claim in respect of an additional liability (as to which, see
Section 19, below) any papers relevant to the issues raised by the claim for additional
liability.
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| (c) |
Where a claim is in respect of an additional liability only, the papers to be filed
are such of those papers listed at (b) above as are relevant to the issues raised by the claim for
additional liability.
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| (d) |
Further information about lodging documents and about orders for the production
of documents is given in Section 10, below.
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8.8 |
Obtaining Files From Other Courts |
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Where a District Registry or a County Court has directed that the detailed assessment hearing
shall be at the SCCO, the District Registry or County Court will send their court file to the
SCCO. The receiving party is responsible for filing all other papers at the SCCO. If, in cases
in which the order for costs was made in the Royal Courts of Justice, the parties consider that the
court file is required for the assessment proceedings, they should so notify the SCCO in
sufficient time to enable the SCCO to obtain it.
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