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 II—COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGS

C6Commencement of detailed assessment proceedingsI147.6

1

Detailed assessment proceedings are commenced by the receiving party serving on the paying party—

a

notice of commencement in the relevant practice form; and

b

a copy of the bill of costs.

(Rule 47.7 sets out the period for commencing detailed assessment proceedings)

2

The receiving party must also serve a copy of the notice of commencement and the bill on any other relevant persons specified in the costs practice direction.

3

A person on whom a copy of the notice of commencement is served under paragraph (2) is a party to the detailed assessment proceedings (in addition to the paying party and the receiving party).

(The costs practice direction deals with—

  • other documents which the party must file when he requests detailed assessment;

  • the court’s powers where it considers that a hearing may be necessary;

  • the form of a bill; and

  • the length of notice which will be given if a hearing date is fixed)