Part III Remuneration of Solicitors
Remuneration—general
C1C270F1Assessment on application of party chargeable or solicitor.
1
Where before the expiration of one month from the delivery of a solicitor’s bill an application is made by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be F2assessed and that no action be commenced on the bill until the F3assessment is completed.
2
Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the solicitor or, subject to subsections (3) and (4), by the party chargeable with the bill, the court may on such terms, if any, as it thinks fit (not being terms as to the costs of the F4assessment), order—
a
that the bill be F5assessed; and
b
that no action be commenced on the bill, and that any action already commenced be stayed, until the F4assessment is completed.
3
Where an application under subsection (2) is made by the party chargeable with the bill—
a
after the expiration of 12 months from the delivery of the bill, or
b
after a judgment has been obtained for the recovery of the costs covered by the bill, or
c
after the bill has been paid, but before the expiration of 12 months from the payment of the bill.
no order shall be made except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the F6assessment as the court may think fit.
4
The power to order F6assessment conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.
5
6
Subject to subsection (5), the court may under this section order the F7assessment of all the costs, or of the profit costs, or of the costs other than profit costs and, where part of the costs is not to be F8assessed, may allow an action to be commenced or to be continued for that part of the costs.
7
8
9
Unless—
a
b
the order F13for assessment or an order under subsection (10) otherwise provides,
10
11
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
In this section “profit costs” means costs other than counsel’s fees or costs paid or payable in the discharge of a liability incurred by the solicitor on behalf of the party chargeable, and the reference in subsection (9) to the fraction of the amount F20of the reduction in the bill shall be taken, where the F21assessment concerns only part of the costs covered by the bill, as a reference to that fraction of the amount of those costs which is being F22assessed.