[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 IIE+WCosts Payable by one Party to another – Commencement of Detailed Assessment Proceedings

Commencement of detailed assessment proceedingsE+W

47.6.—(1) Detailed assessment proceedings are commenced by the receiving party serving on the paying party—

(a)notice of commencement in the relevant practice form; F2...

(b)[F3a copy or copies of the bill of costs, as required by Practice Direction 47; and]

(c)[F4if required by Practice Direction 47,] 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 [F5, the bill and, [F6if required by Practice Direction 47,] the breakdown] 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.)

[F7(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.)]]

Textual Amendments