Rule 45.12 Appeal to a costs judgeI1

England and Wales

(1)

This rule applies where—

(a)

the assessing authority has re-assessed the amount allowed under rule 45.11; and

(b)

either party wants to appeal against that amount.

(2)

That party must—

(a)

serve an appeal notice on—

(i)

the Senior Costs Judge,

(ii)

the other party, and

(iii)

the assessing authority

not more than 15 business days after service of the written reasons for the re-assessment;

(b)

explain the objections to the re-assessment;

(c)

serve on the Senior Costs Judge with the appeal notice—

(i)

the applications for assessment and re-assessment,

(ii)

any other information or document considered by the assessing authority,

(iii)

the assessing authority’s written reasons for the re-assessment, and

(iv)

any other information or document for which a costs judge asks, within such period as the judge may require; and

(d)

ask for a hearing, if that party wants one.

(3)

A party who wants to make representations about an appeal must—

(a)

serve representations in writing on—

(i)

the Senior Costs Judge, and

(ii)

the applicant

not more than 15 business days after service of the appeal notice; and

(b)

ask for a hearing, if that party wants one.

(4)

Unless a costs judge otherwise directs, the parties may rely only on—

(a)

the objections to the amount allowed on the initial assessment; and

(b)

any other representations and material considered by the assessing authority.

(5)

A costs judge—

(a)

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

(b)

subject to that, may determine an appeal with or without a hearing;

(c)

may—

(i)

consult the assessing authority,

(ii)

consult the court which made the costs order, and

(iii)

obtain any other information or document;

(d)

must reconsider the amount allowed by the assessing authority, taking into account the objections to the re-assessment and any other representations;

(e)

may maintain, increase or decrease the amount allowed on the re-assessment;

(f)

may provide for the costs incurred by either party to the appeal; and

(g)

must serve reasons for the decision on—

(i)

the parties, and

(ii)

the assessing authority.

(6)

A costs judge may extend a time limit under this rule, even after it has expired.

Annotations

Commencement

I1: Rule 45.12 in force at 6.10.2025, see Preamble