The Matrimonial Causes (Costs) Rules 1988

PART I

Amount of costs

1.—(1) Subject to rule 11, the amount of costs to be allowed shall be in the discretion of the taxing officer.

(2) In exercising his discretion the taxing officer shall have regard to all the relevant circumstances, and in particular to—

(a) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the solicitor or counsel;

(c) the number and importance of the documents (however brief) prepared or perused;

(d) the place and circumstances in which the business involved is transacted;

(e) the importance of the cause or matter to the client;

(f) where money or property is involved, its amount or value;

(g) any other fees and allowances payable to the solicitor or counsel in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

(3) The bill of costs shall consist of such of the items specified in Part II as may be appropriate, set out, except for item 1, in chronological order.

(4) An allowance for general care and conduct, having regard to such of the circumstances referred to in sub-paragraph (2) as may be relevant, may be included—

(a) in respect of costs payable out of the legal aid fund in accordance with rule 10, only in items 1 to 4 of Schedule 2;

(b) in other cases, in each item which does not relate only to time spent in travelling and waiting.

(5) A bill of costs shall be endorsed with the name and business address of the solicitor or firm whose bill it is, and shall be signed by the solicitor or by a partner of the firm.

Fees to Counsel

2.—(1) Except in the case of taxations under the Act of 1974 and taxation of fees payable by the Crown, no fee to counsel shall be allowed unless—

(a) before taxation its amount has been agreed by the solicitor instructing counsel; and

(b) before the taxing officer issues his certificate a receipt for the fees signed by counsel is produced.

(2) Except in taxations under rule 9—

(a) no costs shall be allowed

(i) in High Court proceedings, in respect of counsel attending before a registrar in chambers or of more counsel than one attending before a judge in chambers, or

(ii) in county court proceedings or in proceedings which are treated as pending in a divorce county court, in respect of counsel attending before the judge or registrar on an interlocutory application or in respect of more counsel than one attending before the judge or registrar on any occasion,

unless the judge or registrar, as the case may be, has certified the attendance as being proper in the circumstances of the case;

(b) except in the case of taxations under the Act of 1974, a refresher fee, the amount of which shall be in the discretion of the taxing officer, shall be allowed to counsel either—

(i) for each period of 5 hours (or part thereof) after the first, during which a trial or hearing is proceeding, or

(ii) at the discretion of the taxing officer, in respect of any day after the first day on which the attendance of counsel at the place of trial was necessary.