The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 47 E+W PROCEDURE 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

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))

C5 Pt. 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)

SECTION V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE E+W

Power to issue an interim certificate E+W

47.15—(1) The court may at any time after the receiving party has filed a request for a detailed assessment hearing—

(a) issue an interim costs certificate for such sum as it considers appropriate;

(b) amend or cancel an interim certificate.

(2) An interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(3) The court may order the costs certified in an interim certificate to be paid into court.

Commencement Information

I1 Rule 47.15 in force at 26.4.1999, see Signature

Final costs certificate E+W

47.16—(1) In this rule a completed bill means a bill F1 ... calculated to show the amount due following the detailed assessment of the costs.

(2) The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.

(3) When a completed bill is filed the court will issue a final costs certificate and serve it on the parties to the detailed assessment proceedings.

(4) Paragraph (3) is subject to any order made by the court that a certificate is not to be issued until other costs have been paid.

(5) A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(The costs practice direction deals with the form of a final costs certificate)

Textual Amendments

F1 Words in rule 47.16(1) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 20

Commencement Information

I2 Rule 47.16 in force at 26.4.1999, see Signature