The Non-Contentious Probate (Amendment) Rules 2003

Explanatory Note

(This note is not part of the Rules)

These Rules insert a new rule 60 into the Non-Contentious Probate Rules 1987 in substitution for the whole of the existing rule. The new rule provides that Parts 43 to 48 of the Civil Procedure Rules are to apply with modifications to the assessment of costs in non-contentious probate cases, instead of Order 62 of the Rules of the Supreme Court. The court’s power to assess costs may be exercised by a costs judge, a district judge of the Principal Registry of the Family Division or a district probate registrar; or, subject to some restrictions, by an authorised court officer attached to the Supreme Court Costs Office or the Principal Registry of the Family Division. The new rule further provides that as in civil proceedings generally, an appeal arising out of the detailed assessment of costs is dealt with:

(a) under rules 47.20 to 47.23 of the Civil Procedure Rules 1998 as at present, where the appeal is against a decision of an authorised costs officer; and

(b) under Part 52 of those Rules, otherwise.

In either case the appeal is made subject to the Civil Procedure Rules 1998 rather than to the Rules of the Supreme Court or the County Court Rules. Appeals dealt with under Part 52 lie from a district judge or other officer of the court to a judge of the High Court.