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The Civil Procedure Rules 1998, Section 67.3 is up to date with all changes known to be in force on or before 27 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.
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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)
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