Rule 45.11 Assessment and re-assessmentI1

England and Wales

(1)

This rule applies where the court directs an assessment under—

(a)

rule 45.6 (Costs on appeal); or

(b)

rule 45.7 (Costs on an application).

(2)

The assessment must be carried out by the relevant assessing authority, namely—

(a)

the Lord Chancellor, where the direction was given by a magistrates’ court or by the Crown Court; or

(b)

the Registrar, where the direction was given by the Court of Appeal.

(3)

The party in whose favour the court made the costs order (‘the applicant’) must—

(a)

apply for an assessment—

(i)

in writing, in any form required by the assessing authority, and

(ii)

not more than 3 months after the costs order; and

(b)

serve the application on—

(i)

the assessing authority, and

(ii)

the party against whom the court made the costs order (‘the respondent’).

(4)

The applicant must—

(a)

summarise the work done;

(b)

specify—

(i)

each item of work done, giving the date, time taken and amount claimed,

(ii)

any disbursements or expenses, including the fees of any advocate, and

(iii)

any circumstances of which the applicant wants the assessing authority to take particular account; and

(c)

supply—

(i)

receipts or other evidence of the amount claimed, and

(ii)

any other information or document for which the assessing authority asks, within such period as that authority may require.

(5)

A respondent who wants to make representations about the amount claimed must—

(a)

do so in writing; and

(b)

serve the representations on the assessing authority, and on the applicant, not more than 15 business days after service of the application.

(6)

The assessing authority must—

(a)

if it seems likely to help with the assessment, obtain any other information or document;

(b)

resolve in favour of the respondent any doubt about what should be allowed; and

(c)

serve the assessment on the parties.

(7)

Where either party wants the amount allowed to be re-assessed—

(a)

that party must—

(i)

apply to the assessing authority, in writing and in any form required by that authority,

(ii)

serve the application on the assessing authority, and on the other party, not more than 15 business days after service of the assessment,

(iii)

explain the objections to the assessment,

(iv)

supply any additional supporting information or document, and

(v)

ask for a hearing, if that party wants one;

(b)

a party who wants to make representations about an application for re-assessment must—

(i)

do so in writing,

(ii)

serve the representations on the assessing authority, and on the other party, not more than 15 business days after service of the application, and

(iii)

ask for a hearing, if that party wants one; and

(c)

the assessing authority—

(i)

must arrange a hearing, in public or in private, if either party asks for one,

(ii)

subject to that, may re-assess the amount allowed with or without a hearing,

(iii)

must re-assess the amount allowed on the initial assessment, taking into account the reasons for disagreement with that amount and any other representations,

(iv)

may maintain, increase or decrease the amount allowed on the assessment,

(v)

must serve the re-assessment on the parties, and

(vi)

must serve reasons on the parties, if not more than 15 business days later either party asks for such reasons.

(8)

A time limit under this rule may be extended even after it has expired—

(a)

by the assessing authority, or

(b)

by the Senior Costs Judge, if the assessing authority declines to do so.

Annotations

Commencement

I1: Rule 45.11 in force at 6.10.2025, see Preamble