PART 47 E+WPROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Modifications etc. (not altering text)

C1 Pt. 47 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C2 Pt. 47 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENT E+W

Time when detailed assessment may be carried out E+W

47.1  The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings but the court may order them to be assessed immediately.

(The costs practice direction gives further guidance about when proceedings are concluded for the purpose of this rule)

Commencement Information

I1 Rule 47.1 in force at 26.4.1999, see Signature

No stay of detailed assessment where there is an appeal E+W

47.2  Detailed assessment is not stayed pending an appeal unless the court so orders.

Commencement Information

I2 Rule 47.2 in force at 26.4.1999, see Signature

Powers of an authorised court officer E+W

47.3—(1) An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a) power to make a wasted costs order as defined in rule 48.7;

(b) power to make an order under—

(i) rule 44.14 (powers in relation to misconduct);

(ii) rule 47.8 (sanction for delay in commencing detailed assessment proceedings);

(iii) paragraph (2) (objection to detailed assessment by authorised court officer); and

(c) power to make a detailed assessment of costs payable to a solicitor by his client, unless the costs are being assessed under rule 48.5 (costs where money is payable to a child or patient).

(2) Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a district judge.

(The costs practice direction sets out the relevant procedure)

Commencement Information

I3 Rule 47.3 in force at 26.4.1999, see Signature

Venue for detailed assessment proceedings E+W

47.4—(1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.

(The costs practice direction sets out the meaning of “appropriate office” in any particular case)

(2) The court may direct that the appropriate office is to be the Supreme Court Costs Office.

(3) A county court may direct that another county court is to be the appropriate office.

(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.

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

Commencement Information

I4 Rule 47.4 in force at 26.4.1999, see Signature