Rule 67.3 Proceedings under Part III of the ActF1

(1)

A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—

(a)

which—

(i)

relates to contentious business done in F2the County Court; and

(ii)

is within the financial limit of the F3County Court’s jurisdiction specified in section 69(3) of the Act^f1,

may be made in F4the County Court;

(b)

in every other case, must be made in the High Court.

(Rule 30.2 makes provision for F5the County Court to transfer the proceedings to another F6County Court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4 F7and F8paragraphs 4.1 to 4.3 of Practice Direction 47 F9...)

(2)

A claim for an order under Part III of the Act must be made—

(a)

by Part 8 claim form; or

(b)

if the claim is made in existing proceedings, by application notice in accordance with Part 23.

(A model form of claim form is annexed to the Costs Practice Direction)

(3)

A claim in the High Court under Part III of the Act may be determined by—

(a)

a High Court judge;

(b)

a Master, a costs judge or a F10District Judge of the Principal Registry of the Family Division; or

(c)

a District Judge, if the costs are for—

(i)

contentious business done in proceedings in the F11District Registry of which he is the District Judge;

(ii)

contentious business done in proceedings in the County Court within the district of that F12District Registry; or

(iii)

non-contentious business.

Annotations

Textual amendments

F1: Pt. 67 inserted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rule 1, Sch. 2
F2: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F3: Words in rule 67.3(1)(a)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(i)(aa); S.I. 2014/954, art. 2(a)
F4: Words in rule 67.3(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(i)(bb); S.I. 2014/954, art. 2(a)
F5: Words in rule 67.3(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(a)(ii); S.I. 2014/954, art. 2(a)
F6: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F7: Word in rule 67.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 41(b)(i)
F8: Words in rule 67.3 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 27(b)
F9: Words in rule 67.3 omitted (6.4.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 41(b)(ii)
F10: 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)
F11: Words in rule 67.3(3)(c)(i) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(b); S.I. 2014/954, art. 2(a)
F12: Words in rule 67.3(3)(c)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 29(b); S.I. 2014/954, art. 2(a)

Footnotes

f1: 1983 c. 20.