THE SENIOR COURTS COSTS OFFICE GUIDE 2018

Guideline Hourly Rates

Detailed Assessment Fees

Original SCCO Guide

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Costs payable by a party as well as the LAA

Legal Aid cases: Costs payable by another person as well as out of the legal aid fund

An order for costs to which s26 of the Act applies may specify the amount of full costs and may specify the amount payable by the legally aided party

Costs orders against legally aided parties and/or the Lord Chancellor: Orders which a costs judge or district judge may subsequently make

Group listing: Vacating and adjourning hearings

Court fees: Exemptions

Solicitor and client assessments: The hearing of the application

Entitlement to costs: Costs in relation to pre-commencement disclosure and orders for disclosure against a non-party

Criminal fees appeals: Appeals by the same advocate

Removing papers

Lodging and removing documents for hearings: Removing supporting papers

time limit to appeal

Appeals from costs officers: Time limits for appeals

Criminal fees appeals: Appeals on paper only

costs of provisional assessment

Costs of detailed assessment proceedings: Provisional assessments

Final costs certificates: Enforcement of certificate

Group listing: Cases eligible for Group Listing

Supreme Court fees

Supreme Court: fees

Entitlement to costs: Orders which the court may make

Where proceedings concern P’s property and affairs

Court of Protection cases: Where proceedings concern P’s property and affairs

Application Notice

Costs orders against legally aided parties and/or the Lord Chancellor: Form of request

Procedure where costs are payable by another person as well as out of the legal aid fund

Legal Aid cases: Procedure where costs are payable by another person as well as out of the legal aid fund

group litigation

Entitlement to costs: Group litigation orders

SCCO Group Listing

Group listing: Listing

Legal Aid cases: Completing the bill and the legal aid assessment certificate

Legal Aid cases: Completing the bill and the legal aid assessment certificate

Obtaining a payment on account or an interim costs certificate: Form of interim costs certificate

Requests for a detailed assessment hearing: Forms of request

Provisional assessment generally

Provisional assessment of bills not exceeding £75,000: Provisional assessment generally

court of protection

Court of Protection cases: Introduction

Entitlement to costs: Costs in small claims

Entitlement to costs: Costs in small claims

Litigants in person - Costs recoverable by litigants in person

Litigants in Person: Costs recoverable by litigants in person

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings

conduct of appeal

Appeals from costs officers: Conduct of the appeal

Criminal fees appeals: Time limits

Agreed costs certificate

Applications in detailed assessment proceedings: Agreed costs certificates

costs management

Costs management orders and costs capping orders: Cases to which the costs management rules apply

Examples of the types of applications which may be made

Applications in detailed assessment proceedings: Examples of the types of applications which may be made

Form-N244-Aplication-Notice

Applications in detailed assessment proceedings: Applications generally

Costs of detailed assessment proceedings: Open offer with points of dispute

Entitlement to costs: Bases of assessment

Points of dispute and reply: Time limit for replies and their format

acceptance of part 36 offer

Entitlement to costs: Costs following acceptance of an offer to settle

Interest on costs: Effect on final costs certificates

Interest on costs: Effect on final costs certificates

Dividing each part into separate items

Form and layout of paper bills: Dividing each part into separate items

Applying to set aside a default costs certificate

Applying to set aside a default costs certificate: Application by receiving party

Entitlement to costs: Costs of trustees and personal representatives

costs only proceedings

Costs only proceedings: Introduction

Appeals from costs judges: Time limits for appeals

solicitor and client

Solicitor and client assessments: Introduction

Minimising the expense of production

Production of confidential documents in detailed assessment hearings: Avoiding or minimising the expense and delay of production

Solicitor and client assessments: The costs of the assessment

points of dispute and consequence of not serving

Points of dispute and reply: Time for points of dispute and consequences of not serving

Change of legal representative

Applications in detailed assessment proceedings: Change of legal representative

documentation on appeals

Appeals from costs officers: Documentation on appeals

non party costs order

Entitlement to costs: Costs orders in favour of or against non-parties

duty to lodge documents

Production of confidential documents in detailed assessment hearings: Receiving party’s duty to lodge documents

Specimen Order for Costs

Costs orders against legally aided parties and/or the Lord Chancellor: Specimen forms of order

Applications concerning misconduct or wasted costs: Principles on which wasted costs orders are made

Entitlement to costs: The meaning of “costs”

Supreme Court: Review of costs officers decision

Supreme Court: Review of costs officer’s decision

Obtaining a default costs certificate: Cases in which the default costs certificate procedure does not apply

Costs of detailed assessment proceedings

Costs of detailed assessment proceedings: Entitlement

copies from the scco file

Supplying copies from the SCCO court file: The supply of copies to persons who are not parties to the proceedings

Commencing a detailed assessment

Court of Protection cases: Commencing a detailed assessment

Criminal fees appeals: Further appeal

Response by the legally aided party

Costs orders against legally aided parties and/or the Lord Chancellor: The response by the legally aided party

permission granted

Appeals from costs officers: Seeking permission to appeal

Legal Aid cases: Introduction

Entitlement to costs: VAT

Costs orders against legally aided parties and/or the Lord Chancellor: The Legal Aid Sentencing and Punishment of Offenders Act 2012 and the regulations

Lodging supporting electronic documents

Lodging and removing documents for hearings: Lodging supporting electronic documents

Criminal fees appeals: Introduction

detailed assessment hearing

Detailed assessment hearings: The conduct of the hearing

mortgagee costs

Entitlement to costs: Mortgagees’ costs

Provisional Assessment

Supreme Court: Provisional assessment

Costs orders against legally aided parties and/or the Lord Chancellor: Effect of non compliance by the legally aided party

Assessment of costs awarded in the High Court and County Court

Cases transferred from other courts: Assessment of costs awarded in the High Court and County Court

Costs of detailed assessment proceedings

Legal Aid cases: Costs of detailed assessment proceedings

Provisional assessment of bills not exceeding £75,000: Procedure if a party wishes to challenge any aspect of the provisional assessment

Requests for a detailed assessment hearing: Fixing the date for the detailed assessment hearing

Court fees: Fee for providing copies

costs after P's death

Court of Protection cases: Costs following P’s death

Solicitor and client assessments: The forms to use

Costs orders against legally aided parties and0or the Lord Chancellor - Costs of request

Costs orders against legally aided parties and/or the Lord Chancellor: Costs of request

Entitlement to costs: Costs in family proceedings

Entitlement to costs: Qualified one-way costs shifting (“QOCS”)

Entitlement to costs: Liability to pay costs

Requesting a provisional assessment

Provisional assessment of bills not exceeding £75,000: Requesting an assessment

Entitlement to costs: The indemnity principle

Costs of detailed assessment proceedings: Fixed costs

Know Your Rights

Solicitor and client assessments: Detailed assessment as of right or on terms

Earliest time for commencing detailed assessment proceedings

Commencement of detailed assessment proceedings: Earliest time for commencement

Costs management orders and costs capping orders: Costs capping orders

Litigants in person - Calculation of charges for time spent by a litigant in person preparing the case

Litigants in Person: Calculation of charges for time spent by a litigant in person preparing the case

electronic bill of costs

The electronic bill: Form and procedure

Supreme Court: Introduction

hearings outside London

Detailed assessment hearings: Hearings outside London

Group listing - Procedure

Group listing: Procedure

Applications in detailed assessment proceedings: Stay of enforcement of costs certificates

time for payment

Court fees: Time for payment

lodging papers for appeal

Criminal fees appeals: Lodging of documents in support of appeal

supplementary grounds of appeal

Criminal fees appeals: Supplementary grounds of appeal

Documents to accompany

Requests for a detailed assessment hearing: Documents to accompany the request

setting aside a default costs certificate

Applying to set aside a default costs certificate: Application by paying party

Obtaining a payment on account or an interim costs certificate: Time for payment and enforcement

Precedent S Structure

The electronic bill: The structure of Precedent S

Court fees: Fee for transcripts

Final costs certificates: Effect of final costs certificate

Final costs certificates: Effect of final costs certificate

Form and layout of paper bills: Certificates

evidence in support of applications

Applications in detailed assessment proceedings: Evidence in support of applications

Removing supporting electonic documents

Lodging and removing documents for hearings: Removing supporting electronic documents

Legal Aid cases: Costs payable only out of the legal aid fund

Duty to inform counsel

Legal Aid cases: Duty to inform counsel

multi-handed appeals

Criminal fees appeals: Multi-handed appeals

Litigants in person - Calculation of disbursements

Litigants in person: Calculation of disbursements

Criminal fees appeals: The hearing of an appeal

default costs certificate

Obtaining a default costs certificate: When and how to apply

Supreme Court: Filing and service of bill of costs

Supreme Court: Filing and service of bill of costs

Legal aid cases: VAT on costs payable out of the legal aid fund

venue for detailed assessment

Commencement of detailed assessment proceedings: Venue for detailed assessment proceedings

bill of costs - essential ingredients

Form and layout of paper bills: Essential ingredients

Applications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders

Litigants in person - Procedure on detailed assessment

Litigants in Person: Procedure on detailed assessment

Entitlement to costs: Costs following allocation and reallocation

default costs certificate

Obtaining a default costs certificate: Effect of a default costs certificate

authorities to assess

Court of Protection cases: Authorities to assess costs

Costs management orders and costs capping orders: Effect upon subsequent assessment of costs where no CMO has been made

Allocation to a Costs Judge

Requests for a detailed assessment hearing: Allocation to a costs officer or costs judge

Lodging electronic documents

Lodging and removing documents for hearings: Obtaining electronic documents from other courts

Form and content of Points of Dispute

Points of dispute and reply: Form and contents of points of dispute

Criminal fees appeals: Appeals by telephone or video link

Court of Protection cases: Agreed costs

Court of Protection cases: Agreed costs

Entitlement to costs: Methods of assessment of costs

Entitlement to costs: Methods of assessment of costs

Form and layout of paper bills: Model forms of paper bills of costs

Court of Protection cases: Fixed costs

Court of Protection cases: Fixed costs

Lodging and removing documents for hearings: Lodging supporting papers

Entitlement to costs: Some special cases

commencing the application

Solicitor and client assessments: Commencing the application

Entitlement to costs: Success fees and insurance premiums

Criminal fees appeals: Divisional court/administrative court central funds assessments

Relevance of costs budget

Detailed assessment hearings: Relevance of costs budgets

grounds of appeal

Criminal fees appeals: The grounds of appeal

Costs only proceedings: Conducting the detailed assessment proceedings

time for compliance

Entitlement to costs: Time for complying with orders for costs

Orders: Applications for amendment

Costs only proceedings: The application under CPR Part 8

The electronic bill: Phases, tasks, activities, standardised time recording and spreadsheets

Statement of resources

Costs orders against legally aided parties and/or the Lord Chancellor: Statement of resources

electronic version of paper bill

Form and layout of paper bills: Electronic copies of paper bills

Court of Protection cases: Bill format

Court of Protection cases: Bill format

Incidence of costs – the general rule

Court of Protection cases: Incidence of costs – the general rule

After the provisional assessment

Provisional assessment of bills not exceeding £75,000: After the provisional assessment

Court fees: Appeal fee

Final costs certificates: Order to stay enforcement

Response by the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Response by the Lord Chancellor

completing the bill of costs

Final costs certificates: Completing the bill of costs

obtaining the order for costs

Costs only proceedings: Obtaining the order for costs

permission required

Appeals from costs judges: Seeking permission to appeal

Obtaining a payment on account or an interim costs certificate: Agreement

procedure where a statement of resources by the legally aided party is filed

Costs orders against legally aided parties and/or the Lord Chancellor: Further procedure where a statement of resources by the legally aided party is filed or is not required

procedural steps

Applications concerning misconduct or wasted costs: Procedural steps on applications for a wasted costs order

Legal_Aid_Agency

The electronic bill: Legal aid

dividing bill into separate parts

Form and layout of paper bills: Dividing bills of costs into separate parts

Appeals from costs judges: Conduct of the appeal

orders for costs

Court of Protection cases: Orders and directions as to costs

other applications

Applications in detailed assessment proceedings: Other applications

Costs management orders and costs capping orders: Effect upon subsequent assessment of costs where a CMO has been made

Legal aid cases: Costs appeals

Agreement of between the parties costs

Legal aid cases: Agreement of between the parties costs

court's power to order disclosure of documents

Production of confidential documents in detailed assessment hearings: Court’s power to order production of documents

Criminal fees appeals: Procedure subsequent to the appeal

Appeals from costs judges: Routes of appeal

Latest time for commencing detailed assessment proceedings

Commencement of detailed assessment proceedings: Latest time for commencement

Where costs are agreed

Commencement of detailed assessment proceedings: Procedure where costs are agreed

Applications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives

non professional deputy

Court of Protection case: Non-professional deputies

remuneration from estate

Court of Protection cases: Remuneration of a deputy, donee or attorney

Applications in detailed assessment proceedings: Stay of detailed assessment proceedings

appeal from costs officers

Appeals from costs officers: Route of appeal

Setting aside a default costs certificate

Applying to set aside a default costs certificate: Orders and directions on set aside applications

Documents to accompany N252

Commencement of detailed assessment proceedings: Documents to accompany the notice of commencement

copies from the court file

Supplying copies from the SCCO court file: The supply of copies to parties to the proceedings

Interest on costs: Entitlement to interest on costs

Entitlement to costs: Costs where money is payable by or to a child or protected party

Entitlement to costs: Costs where money is payable by or to a child or protected party

When to apply for interim costs

Obtaining a payment on account or an interim costs certificate: When to apply

offer in detailed assessment proceedings

Costs of detailed assessment proceedings: Offers to settle

interim payment in COP cases

Court of Protection cases: Payments on account

documentation on appeals

Appeals from costs judges: Documentation on appeals

delay in requesting a detailed assessment hearing

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in requesting a detailed assessment hearing

default costs certificate

Obtaining a default costs certificate: Form of default costs certificate

deciding whether to apply for a waster costs order

Applications concerning misconduct or wasted costs: Deciding whether to make a wasted costs order

Various statutes give the SCCO jurisdiction to assess costs in litigation including the following

Cases transferred from other courts: Assessment of costs awarded by other tribunals and bodies

Orders: The slip rule

notice of appeal

Criminal fees appeals: The Notice of Appeal

decisions made at the hearing

Detailed assessment hearings: The decisions made at the hearing

Final costs certificates: Failure to file completed bill of costs

Costs of detailed assessment proceedings: Where an offer to settle is accepted

duty to notify client

Entitlement to costs: Duty to notify clients of adverse costs orders

The electronic bill: The Jackson Report and Precedent S

London County Courts

Requests for a detailed assessment hearing: Detailed assessment by the SCCO of the costs of proceedings in the County Court in London

Costs of sale of a property

Court of Protection cases: Costs of sale or purchase of property

practice direction

Criminal fees appeals: The Criminal Costs Practice Direction

Entitlement to costs: Costs in fast track cases

Costs orders against legally aided partiesnor the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Orders which the court awarding costs may make

Costs against the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Costs against the Lord Chancellor