The Civil Legal Aid (General) Regulations 1989

Taxation of costs

107.—(1) The costs of proceedings to which an assisted person is a party shall be taxed in accordance with any direction or order given or made in the proceedings irrespective of the interest (if any) of the assisted person in the taxation; and, for the purpose of these Regulations, an order for the taxation of the costs of a review of taxation or of the costs of an appeal from a decision of a judge on such a review shall be deemed to be a final order.

(2) Any certificate or notice of revocation or discharge, or a copy of any such certificate or notice, shall be made available on the taxation.

(3) Where in any proceedings to which an assisted person is a party–

(a) judgment is signed in default, the judgment shall include a direction that the costs of any assisted person shall be taxed on the standard basis;

(b) the court gives judgment or makes a final decree or order in the proceedings, the judgment, decree or order shall include a direction (in addition to any other direction as to taxation) that the costs of any assisted person shall be taxed on the standard basis;

(c) the plaintiff accepts money paid into court, the costs of any assisted person shall be taxed on the standard basis.

(4) Where in any proceedings to which an assisted person or a former assisted person is a party and–

(a) the proceedings are, or have been, brought to an end without a direction having been given, whether under paragraph (3) or otherwise, as to the assisted person’s costs being taxed on the standard basis; or

(b) a judgment or order in favour of an opposing party, which includes a direction that the assisted person’s costs be so taxed, has not been drawn up or, as the case may be, entered by him; or

(c) a retainer is determined under regulation 83 in such circumstances as to require a taxation in accordance with the provisions of these Regulations;

the costs of that person shall be taxed on the standard basis on production of a copy of the notice of discharge or revocation of the certificate at the appropriate taxing office.