ROYAL COURT OF
JERSEY
RC 15/03
TAXATION OF COSTS
IN CIVIL PROCEEDINGS BY SUMMARY ASSESSMENT IN INTERLOCUTORY PROCEEDINGS
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.