- Latest available (Revised)
- Original (As made)
The Civil Procedure Rules 1998, Section 67.3 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
67.3.—(1) A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—
(a)which—
(i)relates to contentious business done in [F2the County Court]; and
(ii)is within the financial limit of the [F3County Court’s] jurisdiction specified in section 69(3) of the Act(1),
may be made in [F4the County Court];
(b)in every other case, must be made in the High Court.
(Rule 30.2 makes provision for [F5the County Court] to transfer the proceedings to another [F6County Court] for detailed assessment of costs)
(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4 [F7and] [F8paragraphs 4.1 to 4.3 of Practice Direction 47] F9...)
(2) A claim for an order under Part III of the Act must be made—
(a)by Part 8 claim form; or
(b)if the claim is made in existing proceedings, by application notice in accordance with Part 23.
(A model form of claim form is annexed to the Costs Practice Direction)
(3) A claim in the High Court under Part III of the Act may be determined by—
(a)a High Court judge;
(b)a Master, a costs judge or a [F10District Judge] of the Principal Registry of the Family Division; or
(c)a [F10District Judge], if the costs are for—
(i)contentious business done in proceedings in the [F11District Registry] of which he is the [F10District Judge];
(ii)contentious business done in proceedings in [F2the County Court] within the district of that [F12District Registry]; or
(iii)non-contentious business.]
Textual Amendments
F1Pt. 67 inserted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rule 1, Sch. 2
F2Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F3Words in rule 67.3(1)(a)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(i)(aa); S.I. 2014/954, art. 2(a)
F4Words in rule 67.3(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(i)(bb); S.I. 2014/954, art. 2(a)
F5Words in rule 67.3(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(ii); S.I. 2014/954, art. 2(a)
F6Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)
F7Word in rule 67.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 41(b)(i)
F8Words in rule 67.3 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 27(b)
F9Words in rule 67.3 omitted (6.4.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 41(b)(ii)
F10Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iv); S.I. 2014/954, art. 2(a)
F11Words in rule 67.3(3)(c)(i) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(b); S.I. 2014/954, art. 2(a)
F12Words in rule 67.3(3)(c)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(b); S.I. 2014/954, art. 2(a)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.