Rule 47.3 Powers of an authorised court officerF1

(1)

An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a)

power to make a wasted costs order as defined in rule 46.8;

(b)

power to make an order under—

(i)

rule 44.11 (powers in relation to misconduct);

(ii)

F2rules 47.8 (sanction for delay in commencing detailed assessment proceedings) F3and 47.14.(3) and (4) (sanction for delay in requesting a detailed assessment hearing);

(iii)

paragraph (2) (objection to detailed assessment by authorised court officer); and

(c)

power to make a detailed assessment of costs payable to a solicitor by that solicitor’s client, unless the costs are being assessed under rule 46.4 (costs where money is payable to a child or protected party).

(2)

Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a F4District Judge.

(Practice Direction 47 sets out the relevant procedure.)

Annotations

Textual amendments

F1: Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)
F2: Word in rule 47.3(1)(b)(ii) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 14(a)
F3: Words in rule 47.3(1)(b)(ii) inserted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 14(b)
F4: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iv); S.I. 2014/954, art. 2(a)

Notes on Part 47

Modifications

C1: Pt. 47 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
C2: Pt. 47 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)
C3: Pt. 47 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)
C4: Pt. 47 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))
C5: Pt. 47 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 224, 225 (with rule 5)
C6: Pt. 47 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)