Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

Back to previous page

 

Sanction for delay in commencing detailed assessment proceedings
     47.8  - (1) Where the receiving party fails to commence detailed assessment proceedings within the period specified - 

the paying party may apply for an order requiring the receiving party to commence detailed assessment proceedings within such time as the court may specify.

    (2) On an application under paragraph (1), the court may direct that, unless the receiving party commences detailed assessment proceedings within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

    (3) If - 

the court may disallow all or part of the interest otherwise payable to the receiving party under - 

    (4) Where the costs to be assessed in a detailed assessment are payable out of the Legal Aid Fund, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Legal Aid Board.

Points of dispute and consequence of not serving
     47.9  - (1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on - 

    (2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

    (3) If a party serves points of dispute after the period set out in paragraph (2), he may not be heard further in the detailed assessment proceedings unless the court gives permission.

(The costs practice direction sets out requirements about the form of points of dispute)

    (4) The receiving party may file a request for a default costs certificate if - 

    (5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

(Section IV of this Part sets out the procedure to be followed after points of dispute have been filed)

Procedure where costs are agreed
    
47.10  - {t2} (1) If the paying party and the receiving party agree the amount of costs, either party may apply for a costs certificate (either interim or final) in the amount agreed.

(Rule 47.15 and Rule 47.16 contain further provisions about interim and final costs certificates respectively)

    (2) An application for a certificate under paragraph (1) must be made - 

Default costs certificate
    
47.11  - (1) Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, he does so by filing a request in the relevant practice form.

(The costs practice direction deals with the procedure by which the receiving party may obtain a default costs certificate)

    (2) A default costs certificate will include an order to pay the costs to which it relates.

Setting aside default costs certificate
    
47.12  - (1) The court must set aside a default costs certificate if the receiving party was not entitled to it.

    (2) In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.

    (3) Where - 

the receiving party must - 

    (4) Where paragraph (3) applies, the receiving party may take no further step in

until the certificate has been set aside or the court has given directions.

(The costs practice direction contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)

SECTION IV - 

COSTS PAYABLE BY ONE PARTY TO ANOTHER - PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVED

Optional reply
    
47.13  - (1) Where any party to the detailed assessment proceedings serves points of dispute, the receiving party may serve a reply on the other parties to the assessment proceedings.

    (2) He may do so within 21 days after service on him of the points of dispute to which his reply relates.

Detailed assessment hearing
    
47.14  - (1) Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing.

    (2) He must file the request within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified - 

    (a) in rule 47.7; or

    (b) by any direction of the court.

    (3) Where the receiving party fails to file a request in accordance with paragraph (2), the paying party may apply for an order requiring the receiving party to file the request within such time as the court may specify.

    (4) On an application under paragraph (3), the court may direct that, unless the receiving party requests a detailed assessment hearing within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

    (5) If - 

    (a) the paying party has not made an application in accordance with paragraph (3); and

    (b) the receiving party commences the proceedings later than the period specified in paragraph (2),

the court may disallow all or part of the interest otherwise payable to the receiving party under - 

    (6) No person other than - 

    (a) the receiving party;

    (b) the paying party; and

    (c) any party who has served points of dispute under rule 47.9,

may be heard at the detailed assessment hearing unless the court gives permission.

    (7) Only items specified in the points of dispute may be raised at the hearing, unless the court gives permission.

(The costs practice direction specifies other documents which must be filed with the request for hearing and the length of notice which the court will give when it fixes a hearing date)

SECTION V - 

INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE

Power to issue an interim certificate
     47.15  - (1) The court may at any time after the receiving party has filed a request for a detailed assessment hearing - 

    (a) issue an interim costs certificate for such sum as it considers appropriate;

    (b) amend or cancel an interim certificate.

    (2) An interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

    (3) The court may order the costs certified in an interim certificate to be paid into court.

Final costs certificate
    
47.16  - (1) In this rule a completed bill means a bill which the receiving party has calculated to show the amount due following the detailed assessment of the costs.

    (2) The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.

    (3) When a completed bill is filed the court will issue a final costs certificate and serve it on the parties to the detailed assessment proceedings.

    (4) Paragraph (3) is subject to any order made by the court that a certificate is not to be issued until other costs have been paid.

    (5) A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(The costs practice direction deals with the form of a final costs certificate)

SECTION VI - 

DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND

Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund
    
47.17  - (1) Where the court is to assess costs of an assisted person which are payable out of the legal aid fund, the assisted person's solicitor may commence detailed assessment proceedings by filing a request in the relevant practice form.

    (2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

    (3) The solicitor must also serve a copy of the request for detailed assessment on the assisted person, if notice of the assisted person's interest has been given to the court in accordance with legal aid regulations.

    (4) Where the solicitor has certified that the assisted person wishes to attend an assessment hearing, the court will, on receipt of the request for assessment, fix a date for the assessment hearing.

    (5) Where paragraph (3) does not apply, the court will, on receipt of the request for assessment provisionally assess the costs without the attendance of the solicitor, unless it considers that a hearing is necessary.

    (6) After the court has provisionally assessed the bill, it will return the bill to the solicitor.

    (7) The court will fix a date for an assessment hearing if the solicitor informs the court, within 14 days after he receives the provisionally assessed bill, that he wants the court to hold such a hearing.

SECTION VII - 

COSTS OF DETAILED ASSESSMENT PROCEEDINGS

Liability for costs of detailed assessment proceedings
    
47.18  - (1) The receiving party is entitled to his costs of the detailed assessment proceedings except where - 

    (a) the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or

    (b) the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.

    (2) In deciding whether to make some other order, the court must have regard to all the circumstances, including - 

    (a) the conduct of all the parties;

    (b) the amount, if any, by which the bill of costs has been reduced; and

    (c) whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.

Offers to settle without prejudice save as to costs of the detailed assessment proceedings
    
47.19  - (1) Where - 

the court will take the offer into account in deciding who should pay the costs of those proceedings.

    (2) The fact of the offer must not be communicated to the costs officer until the question of costs of the detailed assessment proceedings falls to be decided.

(The costs practice direction provides that rule 47.19 does not apply where the receiving party is an assisted person)

SECTION VIII - 

APPEAL AGAINST DECISIONS IN DETAILED ASSESSMENT PROCEEDINGS

Right to appeal
    
47.20  - {t2} (1) Any party to detailed assessment proceedings may appeal against any decision of the court in those proceedings, subject to the requirements of rule 47.21.

    (2) For the purposes of this Section, an assisted person is not a party to the detailed assessment proceedings.

Preliminary requirements for bringing an appeal
    
47.21  - (1) A party may not appeal against a decision in detailed assessment proceedings until he has - 

    (a) sought written reasons for the decision in accordance with rule 47.23; and

    (b) obtained the court's permission where necessary in accordance with rule 47.24,

unless the court orders otherwise.

    (2) Where a party has complied with the requirements under paragraph (1) he may file a notice of appeal in accordance with rule 47.25.

Court to hear appeal
    
47.22  - (1) Where an appeal is made against a decision of an authorised court officer the appeal is - 

    (2) Where an appeal is made to a costs judge or a district judge against a decision of an authorised court officer, a further appeal lies - 

    (3) Where an appeal against a decision of a costs judge or a district judge hearing the detailed assessment is made the appeal lies - 

Duty to seek reasons
    
47.23  - (1) A party may seek reasons for a decision in detailed assessment proceedings by filing a request with the court that gave the decision.

    (2) Where the party seeking reasons is the receiving party, he must file his request for reasons when he files the completed bill of costs.

(Rule 47.16 deals with completed bills of costs)

    (3) Where the party seeking reasons is the paying party, he must file his request for reasons within 7 days after the end of the detailed assessment hearing.

Obtaining the court's permission to appeal
    
47.24  - (1) Permission is not required to appeal against - 

    (2) Subject to paragraph (1)(b), permission is required to appeal against a decision of a costs judge or a district judge.

    (3) Permission to appeal may be given by - 

    (4) A party may seek permission to appeal - 

Appeal procedure
    
47.25  - (1) A party who has a right to appeal may do so by filing a notice of appeal.

    (2) Where the appeal is against a decision of an authorised court officer, he must file the notice - 

    (3) Where the appeal is against a decision of a costs judge or a district judge, he must file the notice within 14 days after the date of the court's decision to give permission to appeal.

    (4) On receipt of a notice of appeal, the court will - 

Powers of the court on appeal
    
47.26  - (1) On an appeal from an authorised court officer the court will - 

    (2) On an appeal from a costs judge or district judge, if the court is satisfied that the appeal should be allowed, it may make any order and give such directions as it considers appropriate.

    (3) If on an appeal the court exercises the power to appoint assessors conferred - 

it must appoint at least two assessors.

(Rule 35.15 contains further provisions about the appointment of assessors)

    (4) One assessor must be a district judge or costs judge and one must be a practising barrister or solicitor.



PART 48

COSTS - SPECIAL CASES




Contents of this Part
I COSTS PAYABLE BY OR TO PARTICULAR PERSONS  
Pre-commencement disclosure and orders for disclosure against a person who is not a party 48.1
Costs orders in favour of or against non-parties 48.2
Amount of costs where costs are payable pursuant to a contract 48.3
Limitations on court's power to award costs in favour of trustee or personal representative 48.4
Costs where money is payable by or to a child or patient 48.5
Litigants in person 48.6
II COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRESENTATIVES  
Personal liability of legal representative for costs - wasted costs orders 48.7
Basis of detailed assessment of solicitor and client costs 48.8
Conditional fees 48.9
Assessment procedure 48.10

(The definitions contained in Part 43 are relevant to this Part)

SECTION 1 - 

COSTS PAYABLE BY OR TO PARTICULAR PERSONS

Pre-commencement disclosure and orders for disclosure against a person who is not a party
     48.1  - (1) This paragraph applies where a person applies - 

    (a) for an order under - 

    (which give the court powers exercisable before commencement of proceedings); or

    (b) for an order under - 

      (i) section 34 of the Supreme Court Act 1981[69]; or

      (ii) section 53 of the County Courts Act 1984[70],

    (which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).

    (2) The general rule is that the court will award the person against whom the order is sought his costs - 

    (a) of the application; and

    (b) of complying with any order made on the application.

    (3) The court may however make a different order, having regard to all the circumstances, including - 

    (a) the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

    (b) whether the parties to the application have complied with any relevant pre-action protocol.




Notes


[61] 1838 c.110. Section 17 was amended by S.I. 1998/2940.back

[62] 1984 c.28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c.42).back

[63] 1838 c.110. Section 17 was amended by S.I. 1998/2940.back

[64] 1984 c.28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c.42).back

[65] 1981 c.54.back

[66] 1984 c.28. Section 63 was amended by S.I. 1998/2940.back

[67] 1981 c.54. Section 33 was amended by S.I. 1998/2940.back

[68] 1984 c.28. Section 52 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 43 and by S.I. 1998/2940.back

[69] 1981 c.54. Section 34 was amended by S.I. 1998/2940.back

[70] 1984 c.28. Section 53 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 44 and by S.I. 1998/2940.back



  continue
 
 

  Contents

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1998
Prepared 9 February 1999