The claim for costs must be in Form 5 specified in Section 2 of the respective Practice Directions of the Supreme Court and the JCPC. It must be filed within three months of the date on which the relevant costs order was made and must, at the same time, be served on the other parties. There is provision in the Supreme Court (PD 13 para 8) and JCPC (PD 8 para 6) to seek an extension or to file out of time, but time limits in the Supreme Court and JCPC are enforced more strictly than in the SCCO and (unlike in the SCCO) there is no onus on the Paying Party to take the issue.
(i) Two copies of the Bill of Costs (Form 5);
(ii) Counsel’s fee notes, which must be receipted (except in the case of Legal Aid Bills) and, where Counsel’s fees exceed guideline rates set out in the Practice Directions, a detailed note explaining why; and
(iii) Receipts or other evidence of disbursements of £500 or more.
All the above papers may be filed by email with the Costs Clerk at the Supreme Court. Other papers on which the parties intend to rely may be brought to the hearing or filed with the Costs Clerk as he thinks appropriate. Where a Bill is complex or large, any papers the Costs Officers need to pre-read should be filed at least seven days before the hearing.
Points of Dispute may, and if the Bill is above £5,000, must, be filed with the Costs Clerk and served on the Receiving Party within 21 days of service of the Bill of Costs. The Receiving Party may within 14 days from service of the Points of Dispute respond to the Points if it thinks it appropriate to do so. Any requests for an extension of time to file Points of Dispute or Replies must be made to the Costs Clerk within the relevant time period, or, after expiry of that limit, by application in accordance with the appropriate Practice Direction.