C1F1PART 47PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Annotations:
Amendments (Textual)
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)

SECTION IICosts Payable by one Party to another – Commencement of Detailed Assessment Proceedings

Commencement of detailed assessment proceedings47.6

1

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

a

notice of commencement in the relevant practice form; F3...

b

a copy of the bill of costs F4; and

c

if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings

(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 Practice Direction 47.

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).

( Practice Direction 47 deals with—

  • other documents which the party must file when requesting 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.)

F2(Paragraphs 7B.2 to 7B.7 of the Practice Direction - Civil Recovery Proceedings contain provisions about detailed assessment of costs in relation to civil recovery orders.)