The Civil Procedure Rules 1998

SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGS E+W

Liability for costs of detailed assessment proceedings E+W

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.

Commencement Information

I1 Rule 47.18 in force at 26.4.1999, see Signature

Offers to settle without prejudice save as to costs of the detailed assessment proceedings E+W

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 [F1 a LSC funded client or] an assisted person [F2 , unless the court orders otherwise])

Textual Amendments

F1 Words in rule 47.19 inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 29 (with rule 39)

F2 Words in rule 47.19 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 18

Commencement Information

I2 Rule 47.19 in force at 26.4.1999, see Signature