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 V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE

C6Power to issue an interim certificateI147.15

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.

F24

Where the court—

a

issues an interim costs certificate; or

b

amends or cancels an interim certificate,

in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.

C6Final costs certificateI247.16

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 F4Costs Practice Direction deals with the form of a final costs certificate)

F36

Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the final costs certificate to the prescribed charity.