Practice Direction - RC 15/03 - Taxation of costs in civil proceedings by summary assessment in interlocutory proceedings


RC 15/03


1.      At any interlocutory hearing other than a summons for directions before the Judicial Greffier, including any delegate (the”Greffier”), which has lasted not more than one day, the Greffier, after making an award of costs of the application or matter to which the hearing related to any party, shall tax the costs so ordered by way of summary assessment unless the Judicial Greffier in all the circumstances considers it inappropriate to proceed by way of summary assessment.

2.      For a taxation by way of summary assessment, the parties and their legal representatives shall comply with the following paragraphs.

3.      Each party who wishes to claim costs must prepare a written statement of the costs he intends to claim showing separately in the form of a schedule:-

(a)     the number of hours to be claimed;

(b)     the hourly rate to be claimed;

(c)     the grade of fee earner;

(d)     the amount and nature of any disbursement to be claimed

(e)     Any claim for a Factor B uplift.

4.      The statement of costs should also summarise the principal tasks carried out, by the fee earners involved in each task and the time spent on that task and be signed by the party or his legal representative.

5       The statement of costs must be filed with the Greffier and copies of it served on any party against whom an order for payment of those costs is intended to be sought.  The statement of costs should be filed and copies served as soon as possible and in any event not less than 24 hours before the date fixed for the interlocutory hearing before the Greffier.

6       The failure by a party, without reasonable excuse, to comply with the foregoing paragraphs will be taken into account by the Greffier in deciding what order to make about the costs of the hearing or application and about the costs of any further hearing or detailed assessment that may be necessary as a result of that failure.

7.      In taxing costs by way of summary assessment the Greffier will have regard to the provisions of Rule 12/4 (taxation on the standard basis) or Rule 12/5 (taxation on the indemnity basis) as the case may be.

8.      Where an interlocutory application has been made and the parties agree an order by consent without a hearing, where one party is to pay another party’s costs, the parties should agree a figure for costs to be inserted in the consent order.  Alternatively, the consent order should specify if costs are to be in the cause or there is to be no order as to costs.  If the parties cannot agree the costs position then they should arrange to appear before the Greffier for him to assess the costs but, unless good reason can be shown for the failure to deal with the costs, no costs will be allowed for that appearance.

9.      This Practice Direction replaces Practice Direction 09/03 and will take effect from 5th January, 2015.

Page Last Updated: 29 Apr 2015