See also Part 47, Court Service Forms
DIRECTIONS RELATING TO PART 47
PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS
| 28.1 |
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| 30.1 |
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| 31.1 |
For the purposes of rule 47.4(1) the ‘appropriate office’ means
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| This Paragraph is referred to in: PDP 47b (1). |
| Text deleted and inserted in para 31.1 w/e from 6 April 2008. |
| (1) | This paragraph applies where
the appropriate office is any of the following county
courts: Barnet, Bow, Brentford, Bromley, Central London, Clerkenwell, Croydon, Edmonton, Ilford, Kingston, Lambeth, Mayors and City of London, Romford, Shoreditch, Uxbridge, Wandsworth, West London, Willesden and Woolwich. |
| (2) | Where this paragraph
applies:–
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| 31.2 |
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| 32.1 |
* Precedents A, B, C and D in the Schedule of Costs Precedents annexed to this Practice Direction are model forms of bills of costs for detailed assessment. Further information about bills of costs is set out in Section 4. |
| 32.2 |
A detailed assessment may be in respect of:
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| 32.3 |
If the detailed assessment is in respect of costs without any additional liability, the receiving party must serve on the paying party and all the other relevant persons the following documents:
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| 32.4 |
If the detailed assessment is in respect of an additional liability only, the receiving party must serve on the paying party and all other relevant persons the following documents:
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| 32.5 |
The relevant details of an additional liability are as follows:
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| Words inserted into Para 32.5(b) w/e from 6 April 2006. |
Attention is drawn to the fact that the additional amount recoverable pursuant to section 30 of the Access to Justice Act 1999 in respect of a membership organisation must not exceed the likely cost of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings as provided by the Access to Justice (Membership Organisation) Regulations 2000 Regulation 4 (for the purposes of arrangements entered into before 1st November 2005) and The Access to Justice (Membership Organisation) Regulations 2005 Regulation 5 (for the purposes of arrangements entered into on or after 1st November 2005)..
| Words referring to changes coming into effect in November 2005 inserted into Para 32.6 w/e from 6 April 2006. |
If a detailed assessment is in respect of both base costs and an additional liability, the receiving party must serve on the paying party and all other relevant persons the documents listed in paragraph 32.3 and the documents giving relevant details of an additional liability listed in paragraph 32.5.
| 32.8 |
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| 32.9 |
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| 32.10 |
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| This Paragraph is referred to in: PDP 43 (6.5A). |
| (1) | This paragraph applies in cases in which the bill of costs is capable of being copied onto a computer disk. |
| (2) | If, before the detailed assessment hearing, a paying party requests a disk copy of a bill to which this paragraph applies, the receiving party must supply him with a copy free of charge not more than 7 days after the date on which he received the request. |
| 33.1 |
The parties may agree under rule 2.11 (Time limits may be varied by parties) to extend or shorten the time specified by rule 47.7 for commencing the detailed assessment proceedings. |
| 33.2 |
A party may apply to the appropriate office for an order under rule 3.1(2)(a) to extend or shorten that time. |
| 33.3 |
Attention is drawn to rule 47.6(1). The detailed assessment proceedings are commenced by service of the documents referred to. |
| 33.4 |
Permission to commence assessment proceedings out of time is not required. |
| 35.1 |
The parties may agree under rule 2.11 (Time limits may be varied by parties) to extend or shorten the time specified by rule 47.9 for service of points of dispute. A party may apply to the appropriate office for an order under rule 3.1(2)(a) to extend or shorten that time. |
| 35.2 |
Points of dispute should be short and to the point and should follow as closely as possible Precedent G of the Schedule of Costs Precedents annexed to this Practice Direction. |
| 35.3 |
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| 35.4 |
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| 35.5 |
A party who serves points of dispute on the receiving party must at the same time serve a copy on every other party to the detailed assessment proceedings, whose name and address for service appears on the statement served by the receiving party in accordance with paragraph 32.3 or 32.4 above. |
| 35.6 |
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| 35.7 |
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| This Paragraph is referred to in: Hollins v Russell [66]. |
| 36.1 |
Where the parties have agreed terms as to the issue of a costs certificate (either interim or final) they should apply under rule 40.6 (Consent judgments and orders) for an order that a certificate be issued in terms set out in the application. Such an application may be dealt with by a court officer, who may issue the certificate. |
| 36.2 |
Where in the course of proceedings the receiving party claims that the paying party has agreed to pay costs but that he will neither pay those costs nor join in a consent application under paragraph 36.1, the receiving party may apply under Part 23 (General Rules about Applications for Court Orders) for a certificate either interim or final to be issued. |
| 36.3 |
An application under paragraph 36.2 must be supported by evidence and will be heard by a costs judge or a district judge. The respondent to the application must file and serve any evidence he relies on at least two days before the hearing date. |
| 36.4 |
Nothing in rule 47.10 prevents parties who seek a judgment or order by consent from including in the draft a term that a party shall pay to another party a specified sum in respect of costs. |
| 36.5 |
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| 37.1 |
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| 37.2 |
The request must be filed at the appropriate office. |
| 37.3 |
A default costs certificate will be in Form N255. |
| 37.4 |
Attention is drawn to Rules 40.3 (Drawing up and Filing of Judgments and Orders) and 40.4 (Service of Judgments and Orders) which apply to the preparation and service of a default costs certificate. The receiving party will be treated as having permission to draw up a default costs certificate by virtue of this Practice Direction. |
| 37.5 |
The issue of a default costs certificate does not prohibit, govern or affect any detailed assessment of the same costs which are payable out of the Community Legal Service Fund. |
| 37.6 |
An application for an order staying enforcement of a default costs certificate may be made either –
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| 37.7 |
Proceedings for enforcement of default costs certificates may not be issued in the Supreme Court Costs Office. |
| 37.8 |
* The fixed costs payable in respect of solicitor’s charges on the issue of the default costs certificate are £80. |
| 38.1 |
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| 38.2 |
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| 38.3 |
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| 38.4 |
If a default costs certificate is set aside the court will give directions for the management of the detailed assessment proceedings. |
| 39.1 |
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| 40.1 |
The time for requesting a detailed assessment hearing is within 3 months of the expiry of the period for commencing detailed assessment proceedings. |
| 40.2 |
The request for a detailed assessment hearing must be in Form N258. The request must be accompanied by:
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| 40.3 |
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| 40.4 |
‘The document giving the right to detailed assessment’ means such one or more of the following documents as are appropriate to the detailed assessment proceedings:
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| Text in Para 40.4(c) deleted w/e from 6 April 2007. |
On receipt of the request for a detailed assessment hearing the court will fix a date for the hearing, or, if the costs officer so decides, will give directions or fix a date for a preliminary appointment.
| 40.6 |
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| 40.7 |
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| 40.8 |
If either party wishes to make an application in the detailed assessment proceedings the provisions of Part 23 (General Rules about Applications for Court Orders) apply. |
| 40.9 |
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| 40.10 |
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| 40.11 |
Unless the court directs otherwise the receiving party must file with the court the papers in support of the bill not less than 7 days before the date for the detailed assessment hearing and not more than 14 days before that date. |
| 40.12 |
The following provisions apply in respect of the papers to be filed in support of the bill;
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| 40.13 |
The provisions set out in Section 20 of this Practice Direction apply where the court disallows any amount of a legal representative’s percentage increase, and the legal representative applies for an order that the disallowed amount should continue to be payable by the client in accordance with Rule 44.16. |
| 40.14 |
The court may direct the receiving party to produce any document which in the opinion of the court is necessary to enable it to reach its decision. These documents will in the first instance be produced to the court, but the court may ask the receiving party to elect whether to disclose the particular document to the paying party in order to rely on the contents of the document, or whether to decline disclosure and instead rely on other evidence. |
| This Paragraph is referred to in: Hollins v Russell [55], [71]. |
Costs assessed at a detailed assessment at the conclusion of proceedings may include an assessment of any additional liability in respect of the costs of a previous application or hearing.
| 40.16 |
Once the detailed assessment hearing has ended it is the responsibility of the legal representative appearing for the receiving party or, as the case may be, the receiving party in person to remove the papers filed in support of the bill. |
| 41.1 |
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| 42.1 |
At the detailed assessment hearing the court will indicate any disallowance or reduction in the sums claimed in the bill of costs by making an appropriate note on the bill. |
| 42.2 |
The receiving party must, in order to complete the bill after the detailed assessment hearing make clear the correct figures agreed or allowed in respect of each item and must re-calculate the summary of the bill appropriately. |
| 42.3 |
The completed bill of costs must be filed with the court no later than 14 days after the detailed assessment hearing. |
| 42.4 |
At the same time as filing the completed bill of costs, the party whose bill it is must also produce receipted fee notes and receipted accounts in respect of all disbursements except those covered by a certificate in Precedent F(5) in the Schedule of Costs Precedents annexed to this Practice Direction. |
| 42.5 |
No final costs certificate will be issued until all relevant court fees payable on the assessment of costs have been paid. |
| 42.6 |
If the receiving party fails to file a completed bill in accordance with rule 47.16 the paying party may make an application under Part 23 (General Rules about Applications for Court Orders) seeking an appropriate order under rule 3.1 (The court’s general powers of management). |
| 42.7 |
A final costs certificate will show:
This provision is subject to any contrary provision made by the statutory provisions relating to costs payable out of the Community Legal Service Fund. |
| 42.8 |
A final costs certificate will include disbursements in respect of the fees of counsel only if receipted fee notes or accounts in respect of those disbursements have been produced to the court and only to the extent indicated by those receipts. |
| 42.9 |
Where the certificate relates to costs payable between parties a separate certificate will be issued for each party entitled to costs. |
| 42.10 |
Form N257 is a model form of interim costs certificate and Form N256 is a model form of final costs certificate. |
| 42.11 |
An application for an order staying enforcement of an interim costs certificate or final costs certificate may be made either:
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| 42.12 |
Proceedings for enforcement of interim costs certificates or final costs certificates may not be issued in the Supreme Court Costs Office. |
| 43.1 |
The provisions of this section apply where the court is to assess costs which are payable only out of the community legal service fund. Paragraphs 39.1 to 40.16 and 49.1 to 49.8 apply in cases involving costs payable by another person as well as costs payable only out of the community legal service fund. |
| 43.2 |
The time for requesting a detailed assessment under rule 47.17 is within 3 months after the date when the right to detailed assessment arose. |
| 43.3 |
The request for a detailed assessment of costs must be in Form N258A. The request must be accompanied by:
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| This Paragraph is referred to in: SCCO costs guide - Section 24 (24.5). |
Rule 47.17 provides that the court will hold a detailed assessment hearing if the assisted person has a financial interest in the detailed assessment and wishes to attend. The court may also hold a detailed assessment hearing in any other case, instead of provisionally assessing a bill of costs, where it considers that a hearing is necessary. Before deciding whether a hearing is necessary under this rule, the court may require the solicitor whose bill it is, to provide further information relating to the bill.
| 43.5 |
Where the court has provisionally assessed a bill of costs it will send to the solicitor a notice, in Form N253 annexed to this practice direction, of the amount of costs which the court proposes to allow together with the bill itself. The legal representative should, if the provisional assessment is to be accepted, then complete the bill. |
| 43.6 |
The court will fix a date for a detailed assessment hearing if the solicitor informs the court within 14 days after he receives the notice of the amount allowed on the provisional assessment that he wants the court to hold such a hearing. |
| 43.7 |
The court will give at least 14 days notice of the time and place of the detailed assessment hearing to the solicitor and, if the assisted person has a financial interest in the detailed assessment and wishes to attend, to the assiste |
