ROYAL COURT OF JERSEY

RC 09/02

TAXATION OF COSTS AWARDED ON THE INDEMNITY

BASIS OF CIVIL PROCEEDINGS

1.1          This Practice Direction is issued pursuant to Rule 12/14 of the Royal Court Rules 2004 and applies to the taxation of costs awarded by the Royal Court on the indemnity basis in civil proceedings.  For taxation of costs on the standard basis see Practice Direction RC 09/01 and for taxation by summary assessment in interlocutory applications see Practice Direction RC 09/03.

1.2          In accordance with Rule 12/5 of the Royal Court Rules 2004, on a taxation of costs on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or unreasonably incurred with any doubts being resolved in favour of the receiving party.

1.3          In drawing a bill for taxation on the indemnity basis it is not necessary to specify separately Factor A and Factor B rates.  Instead, the bill should specify the hourly rate claimed for each fee earner.

1.4          Save as provided in paragraph 1.3 above, the bill of costs shall be set out (save for the requirements about Factor B rates) in either Form 1 or Form 2 attached to Practice Direction RC 09/01 and shall consist of such items specified in paragraph 3 thereof as my be appropriate.  The specified items and contents in a bill of costs, together with the layout and supporting information shall follow Practice Direction RC 09/01, paragraph 3.

1.5          Part 12 of the Royal Court Rules 2004 shall continue to have full effect in relation to the procedure for costs awarded on the indemnity basis.

1.6          This Practice Direction will come into force on 1st February, 2009.