F1PART 67PROCEEDINGS RELATING TO SOLICITORS

Annotations:
Amendments (Textual)

Proceedings under Part III of the Act67.3

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 F11the County Court; and

ii

is within the financial limit of the F5County Court’s jurisdiction specified in section 69(3) of the Act5,

may be made in F7the County Court;

b

in every other case, must be made in the High Court.

(Rule 30.2 makes provision for F6the County Court to transfer the proceedings to another F10County Court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4 F2andF4paragraphs 4.1 to 4.3 of Practice Direction 47F3...)

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 F12District Judge of the Principal Registry of the Family Division; or

c

a F12District Judge, if the costs are for—

i

contentious business done in proceedings in the F8District Registry of which he is the F12District Judge;

ii

contentious business done in proceedings in F11the County Court within the district of that F9District Registry; or

iii

non-contentious business.