| Title/Description of Rule | | |
| Interpretation and application | Yes – but see definitions below in accordance with COPR r155(1): ‘authorised court officer’ means any officer of the Senior Courts Costs Office whom the Lord Chancellor has authorised to assess costs ‘costs’ include fees, charges, disbursements, expenses, remuneration and any reimbursement allowed to a litigant in person ‘costs judge’ means a taxing Master of the Senior Courts ‘costs officer’ means a costs judge or an authorised court officer ‘detailed assessment’ means the procedure by which the amount of costs or remuneration is decided by a costs officer in accordance with Part 47 of the Civil Procedure Rules 1998 (which are applied to proceedings under these Rules, with modifications, by rule 160) ‘fixed costs’ are to be construed in accordance with the relevant practice direction ‘fund’ includes any estate or property held for the benefit of any person or class of persons, and any fund to which a trustee or personal representative is entitled in that capacity ‘paying party’ means a party liable to pay costs ‘pro bono representation’ means representation provided free of charge ‘receiving party’ means a party entitled to be paid costs ‘summary assessment’ means the procedure by which the court, when making an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment. | |
| Court’s discretion as to costs | | |
| If the court decides to make an order about costs | | |
| Circs where the general rule does not apply | | |
| Circs that court will have regard to in deciding what order (if any) to make about costs | | |
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| Types of orders that are included in the orders which the court may make under this rule | Yes – however the definition of ‘costs’ in COPR r155(1) applies (see definition above). | |
| Court will consider whether it is practicable to make an order under paragraph 6 | | |
| Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is a good reason not to do so | Yes – however the definitions of ‘costs’ and ‘detailed assessment’ in COPR r155(1) applies (see definition above). | |
| | Yes – however the definitions of ‘costs’, ‘detailed assessment’, ‘summary assessment’ and ‘paying party’ in COPR r155(1) apply | |
| Factors to be taken into account in deciding the amount of costs | Yes – however the definitions of ‘costs’ and ‘receiving party’ in COPR r155(1) apply. | |
| Amount of costs where costs are payable under a contract | No – and note that COPR r155(2) has specific provision in relation to costs payable under a contract which does not include the presumption in CPR r44.5 | |
| Procedure for assessing costs | | |
| Time for complying with an order for costs | Yes – however the definition of ‘costs’ in COPR r155(1) applies. | |
| Legal representative’s duty to notify the party | | |
| Cases where costs orders deemed to have been made | | |
| Where the court makes no order for costs | Yes – however the definition of ‘costs’ in COPR r155(1) applies. | |
| Court’s powers in relation to misconduct | Yes – however the definitions of ‘summary assessment’ and ‘detailed assessment’ in COPR r155(1) apply. | |
| | Yes – however the definition of ‘costs’ in COPR r155(1) applies. | |
| Qualified one-way costs shifting: scope and interpretation | | |
| Effect of qualified one-way costs shifting | | |
| Exceptions to qualified one-way costs shifting where permission not required | | |
| Exceptions to qualified one-way costs shifting where permission required | | |
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| Award of costs where there is a damages based agreement | | |
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| | No – none of this part applies | |
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| Pre-commencement disclosure and orders for disclosure against a person who is not a party – This part applies but the following wording is substituted; ‘This paragraph applies where a person applies for an order for specific disclosure before the commencement of proceedings’ | Yes – with substituted wording | |
| Costs order in favour of or against non-parties | | |
| Limitations on court’s power to award costs in favour of trustee or personal representative | Yes – however the definition of ‘costs’ in COPR r155(1) applies. | |
| Costs where money is payable by or to a child or protected party | Yes – however the definition of ‘costs’, and ‘detailed assessment’ in COPR r155(1) apply Conditional fee agreement means an agreement enforceable under Courts and Legal Services Act 1990 s58 (COPR r155(4)) | |
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| Costs where the court has made a group litigation order | Yes, however the definition of ‘costs’ in COPR r155(1) applies. | |
| Orders in respect of pro-bono representation | Yes – however the definitions of ‘costs’, ‘pro bono representation’, ‘fixed costs’, ‘detailed assessment’, ‘paying party’ and ‘receiving party’ in COPR r155(1) apply. | |
| Personal liability of legal representative for costs – wasted costs orders | Yes – however the definitions of ‘costs’ and ‘costs judge’ in COPR r155(1) apply. | |
| Basis of detailed assessment of solicitor and client costs | Yes – however the definitions of ‘costs’, ‘detailed assessment’ and ‘conditional fee agreement’ in COPR r155(1) apply. Conditional fee agreement means an agreement enforceable under Courts and Legal Services Act 1990 s58 (COPR r155(4)) | |
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| Costs on the small claims track and fast track | | |
| Limitation on amount court may allow where a claim allocated to the fast track settles before trial | | |
| Costs following allocation, re-allocation and non-allocation | | |
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| Claims for Judicial Review: costs against interveners | Yes – however the definition of ‘costs’ in COPR r155(1) applies. | |
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| Time when detailed assessment may be carried out | Yes – however the definition of ‘costs’ and ‘detailed assessment’ in COPR r155(1) apply. | |
| No stay of detailed assessment where there is an appeal | Yes – however the definition of ‘detailed assessment’ in COPR r155(1) applies. | |
| Powers of an authorised court officer – this section applies but in 47.3(1) (c), the words ‘unless the costs are being assessed under rule 64.4 (costs where money is payable to a child or protected party)’ are omitted | Yes, but see note regarding CPR. 47.3(1) (c) The definitions of ‘authorised court officer’ and ‘detailed assessment’ in COPR r155(1) apply. | |
| Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a district judge. | Yes – but the words ‘or a district judge’ in 47.3(2) are omitted The definitions of ‘authorised court officer’ and ‘costs judge’ in COPR r155(1) apply. | |
| Venue for detailed assessment proceedings – all applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office | Yes – however the definition of ‘detailed assessment’ in COPR r155(1) applies. | |
| The court may direct that the appropriate office is to be the Costs Office | | |
| In the County Court, a court may direct that another County Court hearing centre is to be the appropriate office | | |
| A direction under paragraph (3) may be made without proceedings being transferred to that court | | |
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| This section of Part 47 applies where a cost officer is to make a detailed assessment of – | Yes – also to a detailed assessment of the remuneration of a deputy | |
| (a) costs which are payable by one party to another; or | The definitions of ‘detailed assessment’ and ‘costs’ in COPR r155(1) apply. | |
| (b) the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the 2007 Act | | |
| Commencement of detailed assessment proceedings | Yes – also to a detailed assessment of the remuneration of a deputy | |
| | The definitions of ‘detailed assessment’, ‘paying party’, ‘receiving party’ and ‘costs’ in COPR r155(1) apply | |
| Period for commencing detailed assessment proceedings | Yes – also to a detailed assessment of the remuneration of a deputy The definition of ‘detailed assessment’ in COPR r155(1) applies. | |
| Sanction for delay in bringing detailed assessment proceedings | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, ‘detailed assessment’, ‘paying party’ and ‘costs’ in COPR r155(1) apply. | |
| Points of dispute and consequences of not serving; (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. | Yes – also to a detailed assessment of the remuneration of a deputy. Paragraph 47.9(4) does not apply where the cost is coming out of P’s estate The definitions of ‘paying party’, ‘detailed assessment’ and ‘receiving party’ in COPR r155(1) apply. | |
| (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.) | | |
| Procedure where costs are agreed | Yes – to a detailed assessment of the remuneration of a deputy also – but not when the costs are to be paid out of P’s estate | |
| | The definitions of ‘paying party’ ‘receiving party’ and ‘costs’ in COPR r155(1) apply | |
| Default costs certificate | Yes – also to a detailed assessment of the remuneration of a deputy but not when the costs are to be paid out of P’s estate The definitions of ‘receiving party’, and ‘detailed assessment’ in COPR r155(1) apply. | |
| Setting aside a costs default certificate | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, and ‘detailed assessment’ in COPR r155(1) apply. | |
| Optional reply when party to detailed assessments proceedings | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, and ‘detailed assessment’ in COPR r155(1) apply. | |
| Detailed assessment hearing | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, and ‘detailed assessment’, ‘paying party’ and ‘costs’ in COPR r155(1) apply. | |
| | Yes – to a detailed assessment of the remuneration of a deputy The definitions of ‘detailed assessment’ and ‘receiving party’ in COPR r155(1) apply | |
| Power to issue interim certificate | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, ‘costs’ and ‘detailed assessment’ in COPR r155(1) apply. | |
| | Yes – also to a detailed assessment of the remuneration of a deputy The definitions of ‘receiving party’, ‘costs’ and ‘detailed assessment’ in COPR r155(1) apply. | |
| Detailed assessment procedure where costs are payable out of the Community Legal Services Fund or by the Lord Chancellor under Part I of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 | Yes – however the definitions of ‘costs’ and ‘detailed assessment’ in COPR r155(1) apply | |
| Detailed assessment procedure where costs are payable out of a fund other than the Community Legal Service fund | Yes – however the definitions of ‘costs’, ‘fund’, ‘detailed assessment’ and ‘receiving party’ in COPR r155(1) apply. | |
| Liability for costs of detailed assessment proceedings | Yes – however the definitions of ‘receiving party’, ‘detailed assessment’, ‘pro bono representation’, ‘costs’ and ‘paying party’ in COPR r155(1) apply | |
| | Yes, however the definitions of ‘detailed assessment’, and ‘authorised court officer’ in COPR r155(1) apply | |
| | Yes – however the definitions of ‘authorised court officer’ and ‘costs judge’ in COPR r155(1) apply. | |
| | Yes – however the definition of ‘detailed assessment’ in COPR r155(1) applies | |
| Powers of the court on appeal | Yes – however the definition of ‘authorised court officer’ in COPR r155(1) applies. | |