The Matrimonial Causes (Costs) Rules 1988

Commencement and costs of taxation proceedings

4.—(1) A party who is entitled to require the costs of any matrimonial proceedings to be taxed must begin proceedings for the taxation of those costs not later than six months after the judgment, final decree or order in the proceedings, or such other period as the court may direct—

Provided that where a notice in Form 11 or 13 has been filed before or within three months after the judgment, final decree or order, the proceedings for taxation may be begun at any time within six months after the making of any order on the application to which the notice relates.

(2) Paragraph (1) shall have effect, in relation to the taxation of costs pursuant to an order under the Solicitors Act 1974, as if for the period of six months first mentioned in that paragraph there were substituted a reference to 14 days.

(3) Subject to the provisions of any Act and of these Rules, the party whose bill is being taxed shall be entitled to his costs of the taxation proceedings—

Provided that where it appears to the taxing officer that in the circumstances of the case some other order should be made as to the whole or any part of the costs, the taxing officer shall have, in relation to the costs of taxation proceedings, the same powers as the court has in relation to the costs of proceedings.

(4) Subject to paragraph (6), the party liable to pay the costs of the proceedings which gave rise to the taxation proceedings may make a written offer to pay a specific sum in satisfaction of those costs which is expressed to be “without prejudice save as to the costs of taxation” at any time before the expiration of 14 days after the delivery to him of a copy of the bill of costs under rule 6(2) and, where such an offer is made, the fact that it has been made shall not be communicated to the taxing officer until the question of the costs of the taxation proceedings falls to be decided.

(5) The taxing officer may take into account any offer made under paragraph (4) which has been brought to his attention.

(6) No offer to pay a specific sum in satisfaction of costs may be made in respect of any work done under a legal aid certificate within the meaning of the Legal Aid (General) Regulations 1980(1).

(7) In this rule any reference to the costs of taxation proceedings shall be construed as including a reference to any fee which is prescribed by the Orders as to Court fees for the taxation of a bill of costs.

(1)

S.I. 1980/1894.