Article 7

Order 62 shall be amended as follows:—

(1)

In rule 12(7), for the words from “the following causes” to the end there shall be substituted the words “any cause or matter assigned to the Family Division and of any application or appeal to the Court of Appeal in connection with any such cause or matter or with any matrimonial cause or matter in a county court”.

(2)

In rule 21(1) for the words from “at the appropriate office” to the end there shall be substituted the words “the requisite document and leaving a copy thereof at the appropriate office”.

(3)

Rule 21(3) shall be amended as follows:—

(a)

At the beginning there shall be inserted the words “Subject to paragraph (4)”.

(b)

The words “other than proceedings in the Family Division” shall be omitted.

(c)

For the words “7 days” wherever they appear there shall be substituted the words “3 months”.

(4)

In rule 21 after paragraph (3) there shall be inserted the following paragraph:—

“(4)

In relation to the taxation of costs pursuant to an order under the Solicitors Act 1957^f1 paragraph (3) shall have effect as if for the period of 3 months first mentioned in that paragraph there were substituted a reference to 7 days.”

(5)

Paragraphs (4) and (5) of rule 21 shall stand as paragraphs (5) and (6) respectively, and paragraph (5) as so re-numbered shall be amended as follows:—

(a)

For the words from “The party by whom” to “that is to say—” there shall be substituted the words

“A party who begins proceedings for taxation must at the same time lodge in the appropriate office:—

(a)

a statement containing the following particulars, that is to say—.”

(b)

At the end, after the words “of his principal”, there shall be added the words

“and—

(b)

unless the taxing officer otherwise directs, the bill of costs together with all necessary papers and vouchers”.

(6)

Rule 22 shall be amended as follows:—

(a)

In paragraph (1) for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraphs (2) and (3)”, and the words “except where the proceedings arise out of proceedings in the Family Division” shall be omitted.

(b)

Paragraph (2) shall be omitted and paragraphs (3) and (4) shall be re-numbered accordingly.

(7)

Rule 23(1) shall be amended as follows:—

(a)

For the words “proceedings for taxation have been duly begun” there shall be substituted the words “a party has begun proceedings for taxation”.

(b)

The words “paragraph (4) of this rule and” shall be omitted.

(c)

For the words “any party” and “the bill of costs” there shall be substituted the words “any other party” and “his bill of costs” respectively.

(8)

In rule 23(2) the words “Subject to paragraph (4)” shall be omitted and for the words “after receiving a notice under rule 22(1)” there shall be substituted the words “after beginning the proceedings or, as the case may be, receiving notice under paragraph (1)”.

(9)

Paragraphs (3) and (4) of rule 23 shall be omitted.

(10)

Rule 24 shall be amended as follows:—

(a)

In paragraph (1) the words “(other than proceedings in the Family Division)” shall be omitted.

(b)

In paragraph (2) sub-paragraph (a) and the letter “(b)” shall be omitted.

(11)

For paragraph 1 of Appendix 1 there shall be substituted the following paragraph:—

“1

Where a party is entitled to require any costs to be taxed by virtue of a judgment or order given or made in proceedings in the Supreme Court or by virtue of a direction of the Court given under these Rules, the requisite document for the purposes of rule 21 is the judgment, order or direction, as the case may be.”

Annotations

Footnotes

f1: 1957 c. 27.