# The Church of England (Legal Aid) Rules 1995, Article 25: Taxation of costs


(1) Any taxation of costs under these Rules may be carried out in such manner as the Commission considers appropriate.
(2) In any proceedings for taxation in accordance with these Rules the Commision shall have power to require the attendance of witnesses and production of documents so far as is necessary for the discharge of its functions.
(3) Proceedings for taxation of costs in accordance with these Rules shall be commenced by the assisted person’s solicitor—
(a) lodging with the secretary an application in writing for taxation, together with the bill of costs and all necessary papers and vouchers (including copies of the certificate and of any notice of amendment, discharge or revocation of the certificate); and
(b) serving on any other party copies of the application and the bill of costs.
(4) The secretary shall thereupon fix a time and place for the taxation and shall give not less than seven days' notice of that time and place to the assisted person’s solicitor and any other party.
(5) If—
(a) any other party does not attend at the time and place fixed for the taxation; and
(b) the Commission is satisfied that he had due notice of that time and place,
the Commission may proceed with the taxation in his absence.
(6) Without prejudice to any other provision of these Rules or any statutory provision, on a taxation in accordance with these Rules—
(a) any costs wasted by failure to conduct the proceedings with reasonable competence and expedition shall be disallowed or reduced; and
(b) where a solicitor has without good reason delayed in putting in his bill for taxation, the whole of the costs covered by that bill may be disallowed or reduced.
(7) No costs shall be disallowed or reduced under paragraph (6) unless notice has been served by the Commission on the solicitor in question and, in the case where those costs relate to counsel’s fees, on counsel in question requiring the solicitor or, as the case may be, counsel to show cause orally or in writing why those costs should not be disallowed or reduced.
(8) For the purposes of this rule “other party” means any person other than the assisted person who is or was a party to the proceedings to which the certificate relates and who has an interest in the taxation.

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Source: https://www.legislation.gov.uk/uksi/1995/2034/article/25 (the official version)
Page: https://openlegislation.uk/church-of-england-legal-aid-rules-1995/article-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

