[F1PART 47E+WPROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 47 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)

SECTION VIIE+WCosts of Detailed Assessment Proceedings

Liability for costs of detailed assessment proceedingsE+W

47.20.—(1) The receiving party is entitled to the costs of the detailed assessment proceedings except where—

(a)the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or

(b)the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.

(2) Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the 2007 Act.

(3) In deciding whether to make some other order, the court must have regard to all the circumstances, including—

(a)the conduct of all the parties;

(b)the amount, if any, by which the bill of costs has been reduced; and

(c)whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.

(4) The provisions of Part 36 apply to the costs of detailed assessment proceedings with the following modifications—

(a)“claimant” refers to “receiving party” and “defendant” refers to “paying party”;

(b)“trial” refers to “detailed assessment hearing”;

[F2(c)a detailed assessment hearing is “in progress” from the time when it starts until the bill of costs has been assessed or agreed;]

(d)for rule [F336.14](7) substitute [F4“If such sum is not paid within 14 days of acceptance of the offer, or such other period as has been agreed, the receiving party may apply for a final costs certificate for the unpaid sum.”;]

(e)a reference to “judgment being entered” is to the completion of the detailed assessment, and references to a “judgment” being advantageous or otherwise are to the outcome of the detailed assessment.

(5) The court will usually summarily assess the costs of detailed assessment proceedings at the conclusion of those proceedings.

(6) Unless the court otherwise orders, interest on the costs of detailed assessment proceedings will run from the date of default, interim or final costs certificate, as the case may be.

(7) For the purposes of rule [F536.17], detailed assessment proceedings are to be regarded as an independent claim.]

Textual Amendments