Section 70 Assessment on application of party chargeable or solicitor.F22 C1 C2

England and Wales

(1)

Where before the expiration of one month from the delivery of a solicitor’s bill an application is made by the party chargeable with the bill, the High Court shall, without requiring any sum to be paid into court, order that the bill be F1assessed and that no action be commenced on the bill until the F2assessment is completed.

(2)

Where no such application is made before the expiration of the period mentioned in subsection (1), then, on an application being made by the solicitor or, subject to subsections (3) and (4), by the party chargeable with the bill, the court may on such terms, if any, as it thinks fit (not being terms as to the costs of the F3assessment), order—

(a)

that the bill be F4assessed; and

(b)

that no action be commenced on the bill, and that any action already commenced be stayed, until the assessment is completed.

(3)

Where an application under subsection (2) is made by the party chargeable with the bill—

(a)

after the expiration of 12 months from the delivery of the bill, or

(b)

after a judgment has been obtained for the recovery of the costs covered by the bill, or

(c)

after the bill has been paid, but before the expiration of 12 months from the payment of the bill.

no order shall be made except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the F5assessment as the court may think fit.

(4)

The power to order assessment conferred by subsection (2) shall not be exercisable on an application made by the party chargeable with the bill after the expiration of 12 months from the payment of the bill.

(5)

An order for the assessment of a bill made on an application under this section by the party chargeable with the bill shall, if he so requests, be an order for the assessment of the profit costs covered by the bill.

(6)

Subject to subsection (5), the court may under this section order the F6assessment of all the costs, or of the profit costs, or of the costs other than profit costs and, where part of the costs is not to be F7assessed, may allow an action to be commenced or to be continued for that part of the costs.

(7)

Every order for the F8assessment of a bill shall require the F9costs officer to F10assess not only the bill but also the costs of the assessment and to certify what is due to or by the solicitor in respect of the bill and in respect of the costs of the assessment.

(8)

If after due notice of any F11assessment either party to it fails to attend, the officer may proceed with the assessment ex parte.

(9)

Unless—

(a)

the order F12for assessment was made on the application of the solicitor and the party chargeable does not attend F13the assessment, or

(b)

the order for assessment or an order under subsection (10) otherwise provides,

the costs of F14an assessment shall be paid according to the event of the assessment , that is to say, if F15the amount of the bill is reduced by one fifth, the solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs.

(10)

The F16costs officer may certify to the court any special circumstances relating to a bill or to the F17assessment of a bill, and the court may make such order as respects the costs of the assessment as it may think fit.

F18(11)

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(12)

In this section “profit costs” means costs other than counsel’s fees or costs paid or payable in the discharge of a liability incurred by the solicitor on behalf of the party chargeable, and the reference in subsection (9) to the fraction of the amount F19of the reduction in the bill shall be taken, where the F20assessment concerns only part of the costs covered by the bill, as a reference to that fraction of the amount of those costs which is being F21assessed.