On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/04/2006.
ASSESSMENT OF COSTS
27.
—(1) Subject to the other provisions of these Rules, the amount of costs which any party shall be entitled to recover is the amount allowed after taxation on the standard basis where —
(a)
an order is made that the costs of one party to proceedings be paid by another party to those proceedings;
(b)
an order is made for the payment of costs out of any fund; or
(c)
no order for costs is required,
unless it appears to the Court to be appropriate to order costs to be taxed on the indemnity basis.
(2) On a taxation of costs on the standard basis, there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the Registrar may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party; and in these Rules, the term “the standard basis”, in relation to the taxation of costs, shall be construed accordingly.
(3) On a taxation on the indemnity basis, all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the Registrar may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party; and in these Rules, the term “the indemnity basis”, in relation to the taxation of costs, shall be construed accordingly.
(4) Where the Court makes an order for costs without indicating the basis of taxation or an order that costs be taxed on any basis other than the standard basis or the indemnity basis, the costs shall be taxed on the standard basis.
(5) Notwithstanding paragraphs (1) to (4), if any action is brought in the High Court, which would have been within the jurisdiction of a Subordinate Court, the plaintiff shall not be entitled to any more costs than he would have been entitled to if the proceedings had been brought in a Subordinate Court, unless in any such action a Judge certifies that there was sufficient reason for bringing the action in the High Court.
28.
—(1) This Rule applies to every taxation of a solicitor’s bill of costs to his own client.
(2) On a taxation to which this Rule applies, costs shall be taxed on the indemnity basis but shall be presumed —
(a)
to have been reasonably incurred if they were incurred with the express or implied approval of the client;
(b)
to have been reasonable in amount if their amount was, expressly or impliedly, approved by the client; and
(c)
to have been unreasonably incurred if, in the circumstances of the case, they are of an unusual nature unless the solicitor satisfies the Registrar that prior to their being incurred he informed his client that they might not be allowed on a taxation of costs inter partes.
(3) In paragraph (2), references to the client shall be construed —
(a)
if the client was at the material time incapable by reason of unsoundness of mind within the meaning of the Mental Disorders and Treatment Act (Chapter 178) of managing and administering his property and affairs and represented by a person acting as litigation representative 3, as references to that person acting, where necessary, with the authority of the authority having jurisdiction under that Act; and
(b)
if the client was at the material time an infant and represented by a person acting as litigation representative3, as references to that person.
(4) The delivery of a bill of costs by a solicitor to his client shall not preclude the solicitor from presenting a bill for a larger amount or otherwise for taxation, if taxation is ordered by the Court or is consented to by the solicitor and his client.
(5) Upon a taxation mentioned in paragraph (4), the solicitor shall be entitled to such amount as is allowed by the Registrar, notwithstanding that such amount may be more than that claimed in any previous bill of costs delivered to his client.
29.
—(1) This Rule applies to —
(a)
any proceedings in which money is claimed or recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, a person who is an infantor incapable by reason of unsoundness of mind within the meaning of the Mental Disorders and Treatment Act (Chapter 178) of managing and administering his property and affairs or in which money paid into Court is accepted by or on behalf of such a person;
(b)
any proceedings under the Civil Law Act (Chapter 43) in which money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, the widow of the person whose death gave rise to the proceedings in satisfaction of a claim under that Act or in which money paid into Court is accepted by her or on her behalf in satisfaction of such a claim, if the proceedings were for the benefit also of a person who, when the money is recovered, or adjudged or ordered or agreed to be paid, or accepted, is an infant; and
(c)
any proceedings in the Court of Appeal on an application or appeal made in connection with any proceedings to which this Rule applies by virtue of sub-paragraphs (a) and (b).
(2) The costs payable to his solicitor by any plaintiff in any proceedings to which this Rule applies by virtue of paragraph (1)(a) or (b), being the costs of those proceedings or incident to the claim therein or consequent thereon, shall be taxed under Rule 28; and no costs shall be payable to the solicitor of any plaintiff in respect of those proceedings except such amount of costs as may be certified in accordance with this Rule on the taxation under Rule 28 of the solicitor’s bill of costs to the plaintiff.
(3) On the taxation under Rule 28 of a solicitor’s bill to any plaintiff in any proceedings to which this Rule applies by virtue of paragraph (1)(a) or (b) who is his own client, the Registrar shall also tax any costs payable to that plaintiff in those proceedings and shall certify —
(a)
the amount allowed on the taxation under Rule 28, the amount allowed on the taxation of any costs payable to that plaintiff in those proceedings and the amount (if any) by which the first-mentioned amount exceeds the other; and
(b)
where necessary, the proportion of the amount of the excess payable respectively by, or out of money belonging to, any party to the proceedings who is an infantor incapable, by reason of unsoundness of mind within the meaning of the Mental Disorders and Treatment Act (Chapter 178) of managing and administering his property and affairs of the widow of the man whose death gave rise to the proceedings and any other party.
(4) Paragraphs (2) and (3) shall apply in relation to any proceedings to which this Rule applies by virtue of paragraph (1)(c) as if for references to a plaintiff there were substituted references to the party, whether appellant or respondent, who was the plaintiff in the proceedings which gave rise to the first-mentioned proceedings.
(5) Nothing in paragraphs (1) to (4) shall prejudice a solicitor’s lien for costs.
(6) Paragraphs (1) to (5) shall apply in relation to —
(a)
a counterclaim by or on behalf of a person who is an infantor incapable by reason of unsoundness of mind within the meaning of the Mental Disorders and Treatment Act of managing and administering his property and affairs and a counterclaim consisting of or including a claim under the Civil Law Act (Chapter 43) by or on behalf of the widow of the man whose death gave rise to the claim; and
(b)
a claim made by or on behalf of a person who is an infant or incapable as aforesaid in an action by any other person for relief under section 137 of the Merchant Shipping Act (Chapter 179) and a claim consisting of or including a claim under the Civil Law Act made by or on behalf of that widow in such an action,
as if for references to a plaintiff there were substituted references to a defendant.
30.
—(1) This Rule applies to every taxation of the costs which a person who is or has been a party to any proceedings in the capacity of trustee or personal representative is entitled to be paid out of any fund which he holds in that capacity.
(2) On a taxation to which this Rule applies, costs shall be taxed on the indemnity basis but shall be presumed to have been unreasonably incurred if they were incurred contrary to the duty of the trustee or personal representative as such.
31.
—(1) Subject to Rules 1 to 30, the provisions in Appendix 1 to this Order for ascertaining the amount of costs to be allowed on a taxation of costs shall apply to the taxation of all costs with respect to contentious business.
(2) Notwithstanding paragraph (1), costs shall be allowed in the cases to which Appendix 2 to this Order applies in accordance with the provisions of that Appendix unless the Court otherwise orders.