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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 - 

(a) in rule 47.7; or

(b) by any direction of the court,

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 - 

(a) the paying party has not made an application in accordance with paragraph (1); and

(b) the receiving party commences the proceedings later than the period specified in rule 47.7,

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

(i) section 17 of the Judgments Act 1838[61]; or

(ii) section 74 of the County Courts Act 1984[62],

     but must not impose any other sanction except in accordance with rule 44.14 (powers in relation to misconduct).

    (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 - 

(a) the receiving party; and

(b) every other party to the detailed assessment proceedings.

    (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 - 

(a) the period set out in rule 47.9(2) for serving points of dispute has expired; and

(b) he has not been served with any points of dispute.

    (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 - 

(a) where the right to detailed assessment arises from a judgment or court order - 


(i) to the court where the judgment or order was given or made, if the proceedings have not been transferred since then; or

(ii) to the court to which the proceedings have been transferred; and



(b) in any other case, to the court which would be the venue for detailed assessment proceedings under rule 47.4.



SECTION III - 
COSTS PAYABLE BY ONE PARTY TO ANOTHER - DEFAULT PROVISIONS

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 - 

(a) the receiving party has purported to serve the notice of commencement on the paying party;

(b) a default costs certificate has been issued; and

(c) the receiving party subsequently discovers that the notice of commencement did not reach the paying party at least 21 days before the default costs certificate was issued,

the receiving party must - 

(i) file a request for the default costs certificate to be set aside; or

(ii) apply to the court for directions.

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

(a) the detailed assessment proceedings; or

(b) the enforcement of the default costs certificate,

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)

(i) section 17 of the Judgments Act 1838[63]; or

(ii) section 74 of the County Courts Act 1984[64],



but must not impose any other sanction except in accordance with rule 44.14 (powers in relation to misconduct).

    (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)

    (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)

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

(a) a party (whether the paying party or the receiving party) makes a written offer to settle the costs of the proceedings which gave rise to the assessment proceedings; and

(b) the offer is expressed to be without prejudice^(GL) save as to the costs of the detailed assessment proceedings,

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)

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 - 

(a) if the detailed assessment proceedings were in the High Court, to a costs judge or a district judge of that court; or

(b) if they were in a county court, to a district judge.

    (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 - 

(a) if the detailed assessment proceedings were in the High Court, to a judge of that court; or

(b) if they were in a county court, to a circuit judge.

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

(a) if the detailed assessment proceedings were in the High Court, to a judge of that court; or

(b) if they were in a county court, to a circuit judge.

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 - 

(a) a decision of an authorised court officer; or

(b) a decision of a costs judge or a district judge to impose a sanction on a legal representative under - 


(i) rule 44.14 (powers in relation to misconduct); or

(ii) rule 48.7 (wasted costs order).

    (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 - 

(a) the costs judge or district judge who made the decision in question; or

(b) a High Court judge or a circuit judge, as the case may be.

    (4) A party may seek permission to appeal - 

(a) within 14 days after receiving written reasons under rule 47.23; or

(b) if the court directs that reasons do not need to be obtained, within 7 days after the decision in question.

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 - 

(a) within 14 days after service of the court officer's reasons on him; or

(b) if the court has directed that reasons need not be obtained, within 7 days after the date of the decision appealed against.

    (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 - 

(a) serve a copy of the notice on the other parties to the detailed assessment proceedings; and

(b) give notice of the appeal hearing to those parties.

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

(a) rehear the proceedings which gave rise to the decision appealed against; and

(b) make any order and give such directions as it considers appropriate.

    (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 - 

(a) by section 70 of the Supreme Court Act 1981[65]; or

(b) by section 63 of the County Courts Act 1984[66],

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.

(a) for an order under - 


(i) section 33 of the Supreme Court Act 1981[67]; or

(ii) section 52 of the County Courts Act 1984[68],



(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.

[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