Costs incurred on behalf of a legally aided party in respect of a detailed assessment between the parties are treated in the same way as other costs incurred on his behalf, and whether or not they are payable by the other party, may also be claimed against the legal aid fund. In general, the party whose bill is the subject of detailed assessment is entitled to the costs of the detailed assessment proceedings. However, the court may make some other order in relation to all or part of the costs of the detailed assessment proceedings (see Section 16).

The legally aided party will not be required to make any contribution to the legal aid fund on account of the costs of the detailed assessment proceedings and the statutory charge does not apply in relation to any resulting increase in the net liability of the fund arising from the costs of the detailed assessment proceedings. The cost of drawing up a bill of costs is however not included as part of the costs of the detailed assessment proceedings (Civil Legal Aid (General) Regulations 1989, Regulation 119 as amended).

Excerpt from the Senior Courts Costs Office Guide 2021