xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. 47 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)
C2Pt. 47 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
C3Pt. 47 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))
C4Pt. 47 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3) (with rule 5(4))
C5Pt. 47 applied (with modifications) (1.1.2006) by The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 (S.I. 2005/3382), regs. 1, 13(2)(a)
C6Pt. 47 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
C7Pt. 47 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87
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 [F1Costs Practice Direction] gives further guidance about when proceedings are concluded for the purpose of this rule)
Textual Amendments
F1Words in rule 47.1 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)
Commencement Information
47.2 Detailed assessment is not stayed pending an appeal unless the court so orders.
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 [F2protected party]).
(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 [F3Costs Practice Direction] sets out the relevant procedure)
Textual Amendments
F2Words in rule 47.3(1)(c) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 15(a)
F3Words in rule 47.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)
Commencement Information
47.4—(1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.
(The [F4Costs 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 [F5Costs 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)
Textual Amendments
F4Words in rule 47.4 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)
F5Words in rule 47.4(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 8
Commencement Information