Article 16 Taxation of costs

(1)

Where any order or direction for the payment of costs (other than one relating solely to fees specified in paragraph (2)(c) of rule 14) is made under these Rules, the costs to which the order or direction relates shall (in default of agreement) be taxed by the registrar, who shall have power to direct the attendance of witnesses and the production of documents so far as required for the discharge of his functions on that taxation.

(2)

Proceedings for the taxation of costs shall be commenced by–

(a)

lodging an application for a taxation with the registrar, together with a bill of costs and all necessary papers and vouchers; and

(b)

serving a copy of the application and of the bill of costs on any other party who is affected by the order or direction for the payment of the costs which are to be taxed (in this rule, rule 17 and rule 21 referred to as a “party to the taxation”).

(3)

The registrar shall thereupon appoint a time and place for the taxation of costs and shall give not less than seven days' notice of that time and place to the applicant and to each other party to the taxation.

(4)

If any party to the taxation of costs (other than the applicant) does not attend at the time and place so appointed, the registrar, if he is satisfied that such party had due notice of such time and place, may proceed with the taxation in his absence.

(5)

In deciding the amount of costs to be allowed, the registrar shall have regard to the legislation and current practice relating to taxation in the civil courts and to any direction given by the chancellor.