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SECTION 9 |
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9.1 |
The conduct of the hearing |
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| (a) |
The general rule is that all hearings are in public (CPR 39.2). However, the
court is not required to make special arrangements for accommodating members of the public
who wish to attend and, therefore, members of the public have no right to admission if their
admission is impracticable. The court may, if appropriate, adjourn the proceedings to a
larger room or court in order to make their admission practicable.
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| (b) |
A hearing or any part of it may be private, for example if it involves
confidential information (including information relating to personal financial matters) and
publicity would damage that confidentiality. Other examples are set out in the Practice
Direction to CPR 39. At the start of a public hearing, or during it, either party may request
the court to rule that, thereafter, the hearing should be conducted in private. Any judgment or
order given or made in private must, when drawn up, be clearly marked that the court was
"sitting in private" (CPR 39 Practice Direction para 1.13).
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| (c) |
No person other than the receiving party, the paying party and any party who
has served points of dispute may be heard at the detailed assessment hearing unless the court
gives permission (CPR 47.14). As to the rights of audience of persons claiming to represent
such parties, see para 1.2, above.
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| (d) |
The court will endeavour to keep the hearing as informal as is consistent with
the need to see that justice is done to all parties. The parties are limited to the points of
dispute and the replies and are not permitted to introduce fresh points unless the court permits
them to do so.
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9.2 |
The Decisions Made at the Hearing |
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| (a) |
A hearing that takes place at a court will usually be tape recorded by the court.
A party may obtain a transcript of such a recording on payment of the proper transcribing
charges (Practice Direction para 5 to CPD 27). It is still important that the parties and/or
their representatives keep a careful note of the submissions and the decisions which are given
as the hearing proceeds.
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| (b) |
Having considered the evidence, both oral and written, and having heard
argument, the court will normally give a decision orally in respect of each item as and when it
deals with it. On any complicated matter that may arise, the costs officer or Costs Judge
may reserve his decision and, if he does so, his decision on that matter may be delivered
either at a subsequent hearing or in writing.
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| (c) |
The adverse rulings that may be made if a receiving party fails to abide by any
estimate of costs he previously gave in the proceedings is considered in paragraph 9.3, below.
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| (d) |
Often, the final matter dealt with at the hearing is the award of the costs of the
detailed assessment proceedings. As to this see further, Section 11, below.
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| (e) |
Some information about the possibility of bringing an appeal against any
decision made, and the time limit in which to do so, is given in Section 13, below.
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9.3 |
Relevance of Estimates of Costs Previously Given |
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| (a) |
On an assessment of the costs of a party, the court may have regard to any
estimate previously filed by that party, or by any other party in the same proceedings. Such
an estimate may be taken into account as a factor, among others, when assessing the
reasonableness and proportionality of any costs claimed.
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| (b) |
If there is a difference of 20% or more between the costs claimed by a
receiving party (excluding the amount of any additional liability claimed) and the costs
shown in an estimate of costs filed by that party, the court may regard the difference as
evidence that the costs claimed are unreasonable or disproportionate if
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| (i) |
the receiving party has not provided a satisfactory explanation for that
difference; or
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| (ii) |
the court is satisfied that the paying party reasonably relied on the estimate of
costs.
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9.4 |
Removing the Papers in Support |
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Once the detailed assessment hearing has ended it is the responsibility of the receiving party
and of any legal representative appearing for him to remove the papers filed in support of the
bill. If it is not possible to remove the papers immediately after the hearing they may, by
permission of the court be left with a court clerk for collection at a later date, within the next
seven days.
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9.5 |
Hearing Outside London |
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If it is appropriate to do so, arrangements can be made for a Costs Judge to hear a detailed
assessment in a court room outside London.
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