C1C2C3C4C5C6C7PART 47PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Annotations:
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)

C3

Pt. 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))

C4

Pt. 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))

C6

Pt. 47 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

SECTION IV—COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVED

C6Optional replyI147.13

1

Where any party to the detailed assessment proceedings serves points of dispute, the receiving party may serve a reply on the other parties to the assessment proceedings.

2

He may do so within 21 days after service on him of the points of dispute to which his reply relates.

F2(The F4Costs Practice Direction sets out the meaning of reply)

C6Detailed assessment hearingI247.14

1

Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing.

2

He must file the request within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified—

a

in rule 47.7; or

b

by any direction of the court.

3

Where the receiving party fails to file a request in accordance with paragraph (2), the paying party may apply for an order requiring the receiving party to file the request within such time as the court may specify.

4

On an application under paragraph (3), the court may direct that, unless the receiving party requests a detailed assessment hearing within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

5

If—

a

the paying party has not made an application in accordance with paragraph (3); and

b

the receiving party F1files a request for a detailed assessment hearing later than the period specified in paragraph (2),

the court may disallow all or part of the interest otherwise payable to the receiving party under—

i

section 17 of the Judgments Act 183863; or

ii

section 74 of the County Courts Act 198464,

but must not impose any other sanction except in accordance with rule 44.14 (powers in relation to misconduct).

6

No F3party other than—

a

the receiving party;

b

the paying party; and

c

any party who has served points of dispute under rule 47.9,

may be heard at the detailed assessment hearing unless the court gives permission.

7

Only items specified in the points of dispute may be raised at the hearing, unless the court gives permission.

(The F5Costs Practice Direction specifies other documents which must be filed with the request for hearing and the length of notice which the court will give when it fixes a hearing date)