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 a county court; and

(ii)is within the financial limit of the county court’s jurisdiction specified in section 69(3) of the Act(1),

may be made in that county court;

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

(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4, Section 31 of the Costs Practice Direction and the Costs Pilot Scheme Practice Direction supplementing Part 47)

(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 district judge of the Principal Registry of the Family Division; or

(c)a district judge, if the costs are for—

(i)contentious business done in proceedings in the district registry of which he is the district judge;

(ii)contentious business done in proceedings in a county court within the district of that district registry; or

(iii)non-contentious business.]

Textual Amendments