For the purposes of rule 47.4(1) the ‘appropriate office’ means

(1)	the district registry or county court in which the case was being dealt with when the judgment or order was made or the event occurred which gave rise to the right to assessment, or to which it has subsequently been transferred;

(1A)	where a tribunal, person or other body makes an order for the detailed assessment of costs, a county court (subject to paragraph 31.1A(1)); or

(2)	in all other cases, including Court of Appeal cases, the Supreme Court Costs Office.

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.

* 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.

A detailed assessment may be in respect of:

(1)	base costs, where a claim for additional liability has not been made or has been agreed;

(2)	a claim for additional liability only, base costs having been summarily assessed or agreed;

or

(3)	both base costs and additional liability.

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:

(a)	a notice of commencement;

(b)	a copy of the bill of costs;

(c)	copies of the fee notes of counsel and of any expert in respect of fees claimed in the bill;

(d)	written evidence as to any other disbursement which is claimed and which exceeds £250;

(e)	a statement giving the name and address for service of any person upon whom the receiving party intends to serve the notice of commencement.

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:

(a)	a notice of commencement;

(b)	a copy of the bill of costs;

(c)	the relevant details of the additional liability;

(d)	a statement giving the name and address of any person upon whom the receiving party intends to serve the notice of commencement.

The relevant details of an additional liability are as follows:

(1)

In the case of a conditional fee agreement with a success fee: (a)   a statement showing the amount of costs which have been summarily assessed or agreed, and the percentage increase which has been claimed in respect of those costs; (b)   a statement of the reasons for the percentage increase given in accordance with Regulation 3(1)(a) of the Conditional Fee Agreements Regulations or Regulation 5(1)(c) of the Collective Conditional Fee Agreements Regulations 2000. [Both sets of regulations were revoked by the Conditional Fee Agreements (Revocation) Regulations 2005 but continue to have effect in relation to conditional fee agreements and collective conditional fee agreements entered into before 1st November 2005]

(2)	If the additional liability is an insurance premium: a copy of the insurance certificate showing whether the policy covers the receiving party’s own costs; his opponents costs; or his own costs and his opponent’s costs; and the maximum extent of that cover, and the amount of the premium paid or payable.

(3)	If the receiving party claims an additional amount under Section 30 of the Access of Justice Act 1999: a statement setting out the basis upon which the receiving party’s liability for the additional amount is calculated.

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.

A party may apply to the appropriate office for an order under rule 3.1(2)(a) to extend or shorten that time.

Attention is drawn to rule 47.6(1). The detailed assessment proceedings are commenced by service of the documents referred to.

Permission to commence assessment proceedings out of time is not required.

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.

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.

Points of dispute must –

(1)	identify each item in the bill of costs which is disputed,

(2)	in each case, state concisely the nature and grounds of dispute,

(3)	where practicable suggest a figure to be allowed for each item in respect of which a reduction is sought, and

(4)	be signed by the party serving them or his solicitor.

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.

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.

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.

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.

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.

The request must be filed at the appropriate office.

A default costs certificate will be in Form N255.

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.

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.

An application for an order staying enforcement of a default costs certificate may be made either –

(1)	to a costs judge or district judge of the court office which issued the certificate; or

(2)	to the court (if different) which has general jurisdiction to enforce the certificate.

Proceedings for enforcement of default costs certificates may not be issued in the Supreme Court Costs Office.

* The fixed costs payable in respect of solicitor’s charges on the issue of the default costs certificate are £80.

If a default costs certificate is set aside the court will give directions for the management of the detailed assessment proceedings.

The time for requesting a detailed assessment hearing is within 3 months of the expiry of the period for commencing detailed assessment proceedings.

The request for a detailed assessment hearing must be in Form N258. The request must be accompanied by:

(a)	a copy of the notice of commencement of detailed assessment proceedings;

(b)	a copy of the bill of costs,

(c)	the document giving the right to detailed assessment (see paragraph 40.4 below);

(d)	a copy of the points of dispute, annotated as necessary in order to show which items have been agreed and their value and to show which items remain in dispute and their value;

(e)	as many copies of the points of dispute so annotated as there are persons who have served points of dispute;

(f)	a copy of any replies served;

(g)	a copy of all orders made by the court relating to the costs which are to be assessed;

(h)	copies of the fee notes and other written evidence as served on the paying party in accordance with paragraph 32.3 above;

(i)	where there is a dispute as to the receiving party’s liability to pay costs to the solicitors who acted for the receiving party, any agreement, letter or other written information provided by the solicitor to his client explaining how the solicitor’s charges are to be calculated;

(j)

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 – (i)   the receiving party; (ii)   the paying party; (iii)   any other person who has served points of dispute or who has given notice to the receiving party under paragraph 32.10 (1) (b) above; and giving an estimate of the length of time the detailed assessment hearing will take;

(k)	where the application for a detailed assessment hearing is made by a party other than the receiving party, such of the documents set out in this paragraph as are in the possession of that party;

(l)

where the court is to assess the costs of an assisted person or LSC funded client – (i)   the legal aid certificate, LSC certificate and relevant amendment certificates, any authorities and any certificates of discharge or revocation; (ii)   a certificate, in Precedent F(3) of the Schedule of Costs Precedents; (iii)   if the assisted person has a financial interest in the detailed assessment hearing and wishes to attend, the postal address of that person to which the court will send notice of any hearing; (iv)   if the rates payable out of the LSC fund are prescribed rates, a schedule to the bill of costs setting out all the items in the bill which are claimed against other parties calculated at the legal aid prescribed rates with or without any claim for enhancement: (further information as to this schedule is set out in Section 48 of this Practice Direction); (v)   a copy of any default costs certificate in respect of costs claimed in the bill of costs.

‘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:

(a)	a copy of the judgment or order of the court giving the right to detailed assessment;

(b)	a copy of the notice served under rule 3.7 (sanctions for non-payment of certain fees) where a claim is struck out under that rule;

(c)	a copy of the notice of acceptance where an offer to settle is accepted under Part 36 (Offers to settle);

(d)	a copy of the notice of discontinuance in a case which is discontinued under Part 38 (Discontinuance);

(e)	a copy of the award made on an arbitration under any Act or pursuant to an agreement, where no court has made an order for the enforcement of the award;

(f)	a copy of the order, award or determination of a statutorily constituted tribunal or body;

(g)	in a case under the Sheriffs Act 1887, the sheriff’s bill of fees and charges, unless a court order giving the right to detailed assessment has been made;

(h)	a notice of revocation or discharge under Regulation 82 of the Civil Legal Aid (General) Regulations 1989.

(j)	In the county courts certain Acts and Regulations provide for costs incurred in proceedings under those Acts and Regulations to be assessed in the county court if so ordered on application. Where such an application is made, a copy of the order.

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.

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.

The completed bill of costs must be filed with the court no later than 14 days after the detailed assessment hearing.

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.

No final costs certificate will be issued until all relevant court fees payable on the assessment of costs have been paid.

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).

A final costs certificate will show:

(a)	the amount of any costs which have been agreed between the parties or which have been allowed on detailed assessment;

(b)	where applicable the amount agreed or allowed in respect of VAT on the costs agreed or allowed.

This provision is subject to any contrary provision made by the statutory provisions relating to costs payable out of the Community Legal Service Fund.

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.

Where the certificate relates to costs payable between parties a separate certificate will be issued for each party entitled to costs.

Form N257 is a model form of interim costs certificate and Form N256 is a model form of final costs certificate.

An application for an order staying enforcement of an interim costs certificate or final costs certificate may be made either:

(1)	to a costs judge or district judge of the court office which issued the certificate; or

(2)	to the court (if different) which has general jurisdiction to enforce the certificate.

Proceedings for enforcement of interim costs certificates or final costs certificates may not be issued in the Supreme Court Costs Office.

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.

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.

The request for a detailed assessment of costs must be in Form N258A. The request must be accompanied by:

(a)	a copy of the bill of costs;

(b)	the document giving the right to detailed assessment (for further information as to this document, see paragraph 40.4 above);

(c)	a copy of all orders made by the court relating to the costs which are to be assessed;

(d)	copies of any fee notes of counsel and any expert in respect of fees claimed in the bill;

(e)	written evidence as to any other disbursement which is claimed and which exceeds £250;

(f)	the legal aid certificates, LSC certificates, any relevant amendment certificates, any authorities and any certificates of discharge or revocation;

(g)	In the Supreme Court Costs Office the relevant papers in support of the bill as described in paragraph 40.12 above; in cases proceeding in district registries and county courts this provision does not apply and the papers should only be lodged if requested by the costs officer.

(h)	a statement signed by the solicitor giving his name, address for service, reference, telephone number, fax number and, if the assisted person has a financial interest in the detailed assessment and wishes to attend, giving the postal address of that person, to which the court will send notice of any hearing.