The Civil Procedure Rules 1998

[F1 SECTION I E+W General Rules about Detailed Assessment

Textual Amendments

F1 Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Time when detailed assessment may be carried out E+W

47.1.   The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings, but the court may order them to be assessed immediately.

(Practice Direction 47 gives further guidance about when proceedings are concluded for the purpose of this rule.)

No stay of detailed assessment where there is an appeal E+W

47.2.   Detailed assessment is not stayed pending an appeal unless the court so orders.

Powers of an authorised court officer E+W

47.3.— (1) An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a) power to make a wasted costs order as defined in rule 46.8;

(b) power to make an order under—

(i) rule 44.11 (powers in relation to misconduct);

(ii) [F2 rules] 47.8 (sanction for delay in commencing detailed assessment proceedings) [F3 and 47.14.(3) and (4) (sanction for delay in requesting a detailed assessment hearing)];

(iii) paragraph (2) (objection to detailed assessment by authorised court officer); and

(c) power to make a detailed assessment of costs payable to a solicitor by that solicitor’s client, unless the costs are being assessed under rule 46.4 (costs where money is payable to a child or protected party).

(2) 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 [F4 District Judge].

(Practice Direction 47 sets out the relevant procedure.)

Textual Amendments

F2 Word in rule 47.3(1)(b)(ii) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 14(a)

F3 Words in rule 47.3(1)(b)(ii) inserted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 14(b)

F4 Words 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)

Venue for detailed assessment proceedings E+W

47.4.— (1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.

(Practice Direction 47 sets out the meaning of “appropriate office” in any particular case)

(2) The court may direct that the appropriate office is to be the Costs Office.

[F5 (3) In the County Court, a court may direct that another County Court hearing centre is to be the appropriate office.]

(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.

(Rule 30.2 makes provision for [F6 the transfer within the County Court of proceedings] for detailed assessment of costs.)]

Textual Amendments

F5 Rule 47.4(3) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 20(a); S.I. 2014/954, art. 2(a)

F6 Words in rule 47.4 substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 20(b); S.I. 2014/954, art. 2(a)