The Senior Courts

THE SENIOR COURTS

COSTS OFFICE GUIDE

October 2013

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TABLE OF CONTENTS

List of Costs Judges and Costs Officers

List of Regional Costs Judges

Foreword by Lord Justice Stephen Richards, Deputy Head of Civil Justice

Glossary

THIS GUIDE STATES THE GENERAL PRACTICE OF THE SCCO

AS AT 1 OCTOBER 2013

SECTION 1 – INTRODUCTION

SECTION 2 - ENTITLEMENT TO COSTS

SECTION 3 – COSTS MANAGEMENT ORDERS AND COSTS CAPPING ORDERS

SECTION 4 – FORM AND LAYOUT OF BILLS

SECTION 5 – COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS

SECTION 6 – POINTS OF DISPUTE AND REPLY

SECTION 7 - OBTAINING A DEFAULT COSTS CERTIFICATE

7.1

When and how to apply

7.2

Cases in which the default costs certificate procedure does not apply

7.3

Form of default costs certificate

7.4

Effect of a default costs certificate

SECTION 8 – APPLYING TO SET ASIDE A DEFAULT COSTS CERTIFICATE

SECTION 9 - REQUESTS FOR A DETAILED ASSESSMENT HEARING

SECTION 10 – PROVISIONAL ASSESSMENT OF BILLS NOT EXCEEDING £75,000

SECTION 11 –DETAILED ASSESSMENT HEARINGS

SECTION 12 – PRODUCTION OF CONFIDENTIAL DOCUMENTS IN DETAILED ASSESSMENT HEARINGS

SECTION 13 – COSTS OF DETAILED ASSESSMENT PROCEEDINGS

SECTION 14 - FINAL COSTS CERTIFICATES

SECTION 15 - APPEALS AGAINST DECISIONS IN DETAILED ASSESSMENT PROCEEDINGS

SECTION 16 – CORRECTING ACCIDENTAL SLIPS OR OMISSIONS IN FINAL COSTS CERTIFICATES

SECTION 17 - INTEREST ON COSTS

SECTION 18 – APPLICATIONS CONCERNING DELAY, MISCONDUCT OR WASTED COSTS

SECTION 19 – OTHER APPLICATIONS IN DETAILED ASSESSMENT PROCEEDINGS

SECTION 20 - CASES TRANSFERRED FROM OTHER COURTS

SECTION 21 – COSTS ONLY PROCEEDINGS

SECTION 22 - LITIGANTS IN PERSON

SECTION 23 - COURT OF PROTECTION CASES

SECTION 24 - LEGAL AID CASES

SECTION 25 - COSTS ORDERS AGAINST LEGALLY AIDED PARTIES AND/OR THE LORD CHANCELLOR

SECTION 26 - APPLICATIONS UNDER THE SOLICITORS ACT 1974

SECTION 27 - COURT FEES PAYABLE IN THE SCCO

SECTION 28 – ASSESSMENT UNDER THE HIGH COURT ENFORCEMENT OFFICERS REGULATIONS 2004

28.4 Procedure where detailed assessment is ordered

SECTION 29 – THE FINANCIAL SERVICES AND MARKETS ACT 2000

Orders for costs between the parties

Costs under the Financial Services and Markets Tribunal Legal Assistance Scheme

SECTION 30 – TRANSITIONAL PROVISIONS RELATING TO SUCCESS FEES AND ATE INSURANCE PREMIUMS

SECTION 31 – CRIMINAL FEE APPEALS

APPENDIX Some standard forms and precedents

A-1Bill of costs: Schedule of Costs Precedents, Precedent A

A-2Certificates in bills: Schedule of Costs Precedents, Precedent F

A-3Points of Dispute: Schedule of Costs Precedents, Precedent G

A-4Standard orders made on applications to set aside default costs certificates

(a) conditional order

(b) unconditional order

(c) dismissal of application

(d) adjournment of application

A-5Standard order made in costs-only proceedings

A-6Standard orders made against parties granted legal aid

(a) award of costs against a claimant who has been granted legal aid

(b) order specifying amounts payable, for use by a Costs Judge

A-7 Claim form for remedies under Solicitors Act 1974: Schedule of Costs Precedents, Precedent J.

A-8Standard order in claim under Solicitors Act 1974 (order on client’s application)

A-9Notice of Appeal prescribed for criminal costs appeals.

A-10Court of Protection short form bill of costs

A-11Standard order for directions on a referral made in Civil Recovery Proceedings

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LIST OF COSTS JUDGES AND COSTS OFFICERS

SCCO postal address

Telephone numbers

Certificates

Fax Numbers

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LIST OF REGIONAL COSTS JUDGES

(18 June 2013)

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FOREWORD

Issues of costs have always been a very important part of civil litigation. The procedural reforms resulting from Lord Justice Jackson’s Review of Civil Litigation Costs have made them more important than ever. This new edition of the Senior Courts Costs Office Guide takes account of those and other recent developments. Like its predecessors, it has been written by the Costs Judges and Officers of the Senior Courts Costs Office who deal with the many complexities of costs on a daily basis. It does not seek to replace the rules set out in the Civil Procedure Rules and Practice Directions, but gives practical information and guidance for dealing with this area of law. It will be of invaluable assistance to lawyers and litigants alike.

Lord Justice Stephen Richards

Deputy Head of Civil Justice

26 July 2013

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GLOSSARY

Applications clerk

Appropriate office

Central Funds

Clerk of Appeals

Costs between the

parties

Costs Judges

Costs Officers