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Rule 47.6 Commencement of detailed assessment proceedingsF1

(1)

Detailed assessment proceedings are commenced by the receiving party serving on the paying party—

(a)

notice of commencement in the relevant practice form; F2...

(b)

F3a copy or copies of the bill of costs, as required by Practice Direction 47; and

(c)

F4if required by Practice Direction 47, a breakdown of the costs claimed for each phase of the proceedings

(Rule 47.7 sets out the period for commencing detailed assessment proceedings.)

(2)

The receiving party must also serve a copy of the notice of commencement F5, the bill and, F6if required by Practice Direction 47, the breakdown on any other relevant persons specified in Practice Direction 47.

(3)

A person on whom a copy of the notice of commencement is served under paragraph (2) is a party to the detailed assessment proceedings (in addition to the paying party and the receiving party).

( Practice Direction 47 deals with—

  • other documents which the party must file when requesting detailed assessment;

  • the court’s powers where it considers that a hearing may be necessary;

  • the form of a bill; and

  • the length of notice which will be given if a hearing date is fixed.)

F7(Paragraphs 7B.2 to 7B.7 of the Practice Direction - Civil Recovery Proceedings contain provisions about detailed assessment of costs in relation to civil recovery orders.)

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 47.6(1)(a) omitted (1.10.2015) by virtue of The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 8(a)

F3

Rule 47.6(1)(b) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 5(a)(i)

F4

Words in rule 47.6(1)(c) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 5(a)(ii)

F5

Words in rule 47.6(2) substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 10

F6

Words in rule 47.6(2) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 5(b)

F7

Words in rule 47.6 inserted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 8

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)