1.1

A trustee or personal representative is entitled to an indemnity out of the relevant trust fund or estate for costs properly incurred. Whether costs were properly incurred depends on all the circumstances of the case including whether the trustee or personal representative (“the trustee”)—

1.2

The trustee is not to be taken to have acted for a benefit other than that of the fund by reason only that the trustee has defended a claim in which relief is sought against the trustee personally.

2.1

The circumstances in which the court need not order the detailed assessment of costs under rule 46.4(2) are as follows—

3.1

In order to qualify as an expert for the purpose of rule 46.5(3)(c) (expert assistance in connection with assessing the claim for costs), the person in question must be a—

3.2

Where a self represented litigant wishes to prove that the litigant has suffered financial loss, the litigant should produce to the court any written evidence relied on to support that claim, and serve a copy of that evidence on any party against whom the litigant seeks costs at least 24 hours before the hearing at which the question may be decided.

3.3

A self represented litigant who commences detailed assessment proceedings under rule 47.5 should serve copies of that written evidence with the notice of commencement.

3.4

The amount, which may be allowed to a self represented litigant under rule 45.39(5)(b) and rule 46.5(4)(b), is £19 per hour.

4.1

Where an order is sought under section 194(3) of the Legal Services Act 2007 the party who has pro bono representation must prepare, file and serve a written statement of the sum equivalent to the costs that party would have claimed for that legal representation had it not been provided free of charge.

5.1

A wasted costs order is an order—

5.2

Rule 46.8 deals with wasted costs orders against legal representatives. Such orders can be made at any stage in the proceedings up to and including the detailed assessment proceedings. In general, applications for wasted costs are best left until after the end of the trial.

5.3

The court may make a wasted costs order against a legal representative on its own initiative.

5.4

A party may apply for a wasted costs order—

5.5

It is appropriate for the court to make a wasted costs order against a legal representative, only if—

5.6

The court will give directions about the procedure to be followed in each case in order to ensure that the issues are dealt with in a way which is fair and as simple and summary as the circumstances permit.

5.7

As a general rule the court will consider whether to make a wasted costs order in two stages—

5.8

The court may proceed to the second stage described in paragraph 5.7 without first adjourning the hearing if it is satisfied that the legal representative has already had a reasonable opportunity to make representations.

5.9

On an application for a wasted costs order under Part 23 the application notice and any evidence in support must identify—

6.1

A client and solicitor may agree whatever terms they consider appropriate about the payment of the solicitor’s charges. If however, the costs are of an unusual nature, either in amount or the type of costs incurred, those costs will be presumed to have been unreasonably incurred unless the solicitor satisfies the court that the client was informed that they were unusual and that they might not be allowed on an assessment of costs between the parties. That information must have been given to the client before the costs were incurred.

6.2

Costs as between a solicitor and client are assessed on the indemnity basis. The presumptions in rule 46.9(3) are rebuttable.

6.3

If a party fails to comply with the requirements of rule 46.10 concerning the service of a breakdown of costs or points of dispute, any other party may apply to the court in which the detailed assessment hearing should take place for an order requiring compliance. If the court makes such an order, it may—

6.4

The procedure for obtaining an order under Part III of the Solicitors Act 1974 is by a Part 8 claim, as modified by rule 67.3 and Practice Direction 67. Precedent J of the Schedule of Costs Precedents is a model form of claim form. The application must be accompanied by the bill or bills in respect of which assessment is sought, and, if the claim concerns a conditional fee agreement, a copy of that agreement. If the original bill is not available a copy will suffice.

6.5

Model forms of order, which the court may make, are set out in Precedents K, L and M of the Schedule of Costs Precedents.

6.6

The breakdown of costs referred to in rule 46.10 is a document which contains the following information—

6.7

Precedent P of the Schedule of Costs Precedents is a model form of breakdown of costs. A party who is required to serve a breakdown of costs must also serve–

6.8

The provisions relating to default costs certificates (rule 47.11) do not apply to cases to which rule 46.10 applies.

6.9

The time for requesting a detailed assessment hearing is within 3 months after the date of the order for the costs to be assessed.

6.10

The form of request for a hearing date must be in Form N258C. The request must be accompanied by copies of—

6.11

The request must include the estimated length of hearing.

6.12

On receipt of the request the court will fix a date for the hearing, or will give directions.

6.13

The court will give at least 14 days notice of the time and place of the detailed assessment hearing.

6.14

Unless the court gives permission, only the solicitor whose bill it is and parties who have served points of dispute may be heard and only items specified in the points of dispute may be raised.

6.15

If a party wishes to vary that party’s breakdown of costs, points of dispute or reply, an amended or supplementary document must be filed with the court and copies of it must be served on all other relevant parties. Permission is not required to vary a breakdown of costs, points of dispute or a reply but the court may disallow the variation or permit it only upon conditions, including conditions as to the payment of any costs caused or wasted by the variation.

6.16

Unless the court directs otherwise the solicitor must file with the court the papers in support of the bill not less than 7 days before the date for the detailed assessment hearing and not more than 14 days before that date.

6.17

Once the detailed assessment hearing has ended it is the responsibility of the legal representative appearing for the solicitor or, as the case may be, the solicitor in person to remove the papers filed in support of the bill.

6.18

If, in the course of a detailed assessment hearing of a solicitor’s bill to that solicitor’s client, it appears to the court that in any event the solicitor will be liable in connection with that bill to pay money to the client, it may issue an interim certificate specifying an amount which in its opinion is payable by the solicitor to the client.

6.19

After the detailed assessment hearing is concluded the court will –

7.1

8.1

Before reallocating a claim from the small claims track to another track , the court must decide whether any party is to pay costs to the date of the order to re-allocate in accordance with the rules about costs contained in Part 27 If it decides to make such an order the court will make a summary assessment of those costs in accordance with that Part.

8.2

Where a settlement is reached or a Part 36 offer accepted in a case which has not been allocated but would, if allocated, have been suitable for allocation to the small claims track, rule 46.13 enables the court to allow only small claims track costs in accordance with rule 27.14. This power is not exercisable if the costs are to be paid on the indemnity basis.

9.1

A claim form under rule 46.14 should not be issued in the High Court unless the dispute to which the agreement relates was of such a value or type that proceedings would have been commenced in the High Court.

9.2

A claim form which is to be issued in the High Court at the Royal Courts of Justice will be issued in the Costs Office.

9.3

Attention is drawn to rule 8.2 (in particular to paragraph (b)(ii)) and to rule 46.14(3). The claim form must—

9.4

Unless the court orders otherwise or Section II of Part 45 applies the costs will be treated as being claimed on the standard basis.

9.5

The evidence required under rule 8.5 includes copies of the documents on which the claimant relies to prove the defendant’s agreement to pay costs.

9.6

A costs judge or a District Judge has jurisdiction to hear and decide any issue which may arise in a claim issued under this rule irrespective of the amount of the costs claimed or of the value of the claim to which the agreement to pay costs relates. The court may make an order by consent under paragraph 9.8, or an order dismissing a claim under paragraph 9.10 below.

9.7

When the time for filing the defendant’s acknowledgement of service has expired, the claimant may request in writing that the court make an order in the terms of the claim, unless the defendant has filed an acknowledgement of service stating the intention to contest the claim or to seek a different order.

9.8

Rule 40.6 applies where an order is to be made by consent. An order may be made by consent in terms which differ from those set out in the claim form.

9.9

Where costs are ordered to be assessed, the general rule is that this should be by detailed assessment. However when an order is made under this rule following a hearing and the court is in a position to summarily assess costs it should generally do so.

9.10

If the defendant opposes the claim the defendant must file a witness statement in accordance with rule 8.5(3). The court will then give directions including, if appropriate, a direction that the claim shall continue as if it were a Part 7 claim. A claim is not treated as opposed merely because the defendant disputes the amount of the claim for costs.

9.11

A claim issued under this rule may be dealt with without being allocated to a track. Rule 8.9 does not apply to claims issued under this rule.

9.12

Where there are other issues nothing in rule 46.14 prevents a person from issuing a claim form under Part 7 or Part 8 to sue on an agreement made in settlement of a dispute where that agreement makes provision for costs, nor from claiming in that case an order for costs or a specified sum in respect of costs but the “costs only” procedure in rule 46.14 must be used where the sole issue is the amount of costs.

10.1

Unless the court directs otherwise, a summary of an applicant’s financial resources under rule 46.17(1)(b)(ii) must provide details of—

10.2

10.2 An application to the High Court for a judicial review costs capping order must normally be contained in, or accompany, the claim form.