The Civil Procedure Rules 1998

SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENT

Time when detailed assessment may be carried out

47.1  The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings but the court may order them to be assessed immediately.

(The costs practice direction gives further guidance about when proceedings are concluded for the purpose of this rule)

No stay of detailed assessment where there is an appeal

47.2  Detailed assessment is not stayed pending an appeal unless the court so orders.

Powers of an authorised court officer

47.3—(1) An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a)power to make a wasted costs order as defined in rule 48.7;

(b)power to make an order under—

(i)rule 44.14 (powers in relation to misconduct);

(ii)rule 47.8 (sanction for delay in commencing detailed assessment proceedings);

(iii)paragraph (2) (objection to detailed assessment by authorised court officer); and

(c)power to make a detailed assessment of costs payable to a solicitor by his client, unless the costs are being assessed under rule 48.5 (costs where money is payable to a child or patient).

(2) Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a district judge.

(The costs practice direction sets out the relevant procedure)

Venue for detailed assessment proceedings

47.4—(1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.

(The costs practice direction sets out the meaning of “appropriate office” in any particular case)

(2) The court may direct that the appropriate office is to be the Supreme Court Costs Office.

(3) A county court may direct that another county court is to be the appropriate office.

(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.

(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)