[F1 PART 47 E+WPROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Textual Amendments

F1 Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Modifications etc. (not altering text)

C1 Pt. 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)

C2 Pt. 47 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)

C3 Pt. 47 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)

C4 Pt. 47 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))

C5 Pt. 47 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 224, 225 (with rule 5)

C6 Pt. 47 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)

SECTION VI E+WDetailed Assessment Procedure for Costs of A LSC Funded Client or [F2 , an Assisted Person or Person to Whom Legal Aid is Made Available] where Costs are Payable out of the Community Legal Service Fund [F3 or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012]

Textual Amendments

F2 Words in Pt. 47 Section 6 heading substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(c)(i) (with reg. 14(4))

F3 Words in Pt. 47 Section 6 heading inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(c)(ii) (with reg. 14(4))

Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund E+W

47.19.— (1) Where the court is to assess costs which are payable out of a fund other than the Community Legal Service Fund, the receiving party may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.

(4) The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless the court considers that a hearing is necessary.

(5) After the court has provisionally assessed the bill, it will return the bill to the receiving party.

(6) The court will fix a date for an assessment hearing if the receiving party informs the court, within 14 days after receiving the provisionally assessed bill, that the receiving party wants the court to hold such a hearing.]