The Civil Procedure Rules 1998

[F1 SECTION VI E+W Detailed Assessment Procedure for Costs of A LSC Funded Client or [F2 , an Assisted Person or Person to Whom Legal Aid is Made Available] where Costs are Payable out of the Community Legal Service Fund [F3 or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012]

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)

F2 Words in Pt. 47 Section 6 heading substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(c)(i) (with reg. 14(4))

F3 Words in Pt. 47 Section 6 heading inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(c)(ii) (with reg. 14(4))

Detailed assessment procedure where costs are payable out of the Community Legal Services Fund [F4 or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] E+W

47.18.— (1) Where the court is to assess costs of a LSC funded client [F5 , an assisted person or a person to whom legal aid is provided] which are payable out of the Community Legal Services Fund [F6 or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], that person’s solicitor may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The solicitor must also serve a copy of the request for detailed assessment on the LSC funded client [F7 , the assisted person or the person to whom legal aid is provided], if notice of that person’s interest has been given to the court in accordance with community legal service or legal aid regulations.

(4) Where the solicitor has certified that the LSC funded client or that person wishes to attend an assessment hearing, the court will, on receipt of the request for assessment, fix a date for the assessment hearing.

(5) Where paragraph (3) does not apply, the court will, on receipt of the request for assessment provisionally assess the costs without the attendance of the solicitor, unless it considers that a hearing is necessary.

(6) After the court has provisionally assessed the bill, it will return the bill to the solicitor.

(7) The court will fix a date for an assessment hearing if the solicitor informs the court, within 14 days after receiving the provisionally assessed bill, that the solicitor wants the court to hold such a hearing.

Textual Amendments

F4 Words in rule 47.18 heading inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(d) (with reg. 14(4))

F5 Words in rule 47.18(1) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(e)(i) (with reg. 14(4))

F6 Words in rule 47.18(1) inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(e)(ii) (with reg. 14(4))

F7 Words in rule 47.18(3) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 2(f) (with reg. 14(4))

Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund E+W

47.19.— (1) Where the court is to assess costs which are payable out of a fund other than the Community Legal Service Fund, the receiving party may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.

(4) The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless the court considers that a hearing is necessary.

(5) After the court has provisionally assessed the bill, it will return the bill to the receiving party.

(6) The court will fix a date for an assessment hearing if the receiving party informs the court, within 14 days after receiving the provisionally assessed bill, that the receiving party wants the court to hold such a hearing.]