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

Points of dispute and consequence of not serving47.9

1

The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on—

a

the receiving party; and

b

every other party to the detailed assessment proceedings.

2

The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

3

If a party serves points of dispute after the period set out in paragraph (2), that party may not be heard further in the detailed assessment proceedings unless the court gives permission.

(Practice Direction 47 sets out requirements about the form of points of dispute.)

4

The receiving party may file a request for a default costs certificate if—

a

the period set out in paragraph (2) for serving points of dispute has expired; and

b

the receiving party has not been served with any points of dispute.

5

If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

(Section IV of this Part sets out the procedure to be followed after points of dispute have been served.)