Where an application is made by a litigant in person, an order for detailed assessment will not normally be made in the absence of the parties. The litigant in person must attend in order that the Costs Judge may explain the effect of s70(9) of the Act (“the one-fifth rule”, as to which, see the next heading).
If no-one attends on behalf of the respondent, the Costs Judge may make the order sought, conditional upon adequate proof of service of the application.
It is now common practice for a timetable to be incorporated into the order, based upon Rule 46.10 dealing with service of a breakdown of the bill, service of points of dispute, any reply and the request for a hearing date. (For a specimen order see Appendix L).
The costs of the application will usually be treated as part of the costs of the detailed assessment and dealt with at the conclusion of the detailed assessment hearing unless the application is unsuccessful, in which case the applicant will usually be ordered to pay the costs.
The order is usually drawn up by the court, and a copy sent out to all parties. The Costs Judge may direct that the order be drawn up by the successful party. In that event, three copies of the order must be lodged with the clerk to the Costs Judge. Sealed copies will then be served on the parties.