The Civil Procedure Rules 1998

[F1Proceedings under Part III of the ActE+W

67.3.(1) A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—

(a)which—

(i)relates to contentious business done in [F2the County Court]; and

(ii)is within the financial limit of the [F3County Court’s] jurisdiction specified in section 69(3) of the Act(1),

may be made in [F4the County Court];

(b)in every other case, must be made in the High Court.

(Rule 30.2 makes provision for [F5the County Court] to transfer the proceedings to another [F6County Court] for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4 [F7and] [F8paragraphs 4.1 to 4.3 of Practice Direction 47] F9...)

(2) A claim for an order under Part III of the Act must be made—

(a)by Part 8 claim form; or

(b)if the claim is made in existing proceedings, by application notice in accordance with Part 23.

(A model form of claim form is annexed to the Costs Practice Direction)

(3) A claim in the High Court under Part III of the Act may be determined by—

(a)a High Court judge;

(b)a Master, a costs judge or a [F10District Judge] of the Principal Registry of the Family Division; or

(c)a [F10District Judge], if the costs are for—

(i)contentious business done in proceedings in the [F11District Registry] of which he is the [F10District Judge];

(ii)contentious business done in proceedings in [F2the County Court] within the district of that [F12District Registry]; or

(iii)non-contentious business.]

Textual Amendments