62/7 Special circumstances in which costs shall not or may not be taxed

7 (1) The provisions of this rule shall apply in the circumstances mentioned in this rule.

(2) Costs which by or under any direction of the Court are to be paid to a receiver appointed by the Court under section 19(c) of the Act, in respect of his remuneration, disbursements or expenses, shall be allowed in accordance with Order 30, rule 3 and shall not be taxed.

(3) Where a writ in an action is indorsed in accordance with Order 6, rule 2(1)(b), and judgment is entered on failure to give notice of intention to defend or in default of defence for the amount claimed for costs (whether alone or together with any other amount claimed), the plaintiff is not entitled to tax his costs; but if the amount claimed for costs as aforesaid is paid in accordance with the indorsement (or is accepted by the plaintiff as if so paid) the defendant shall be entitled to have those costs taxed.

(4) In awarding costs to any person the Court may order that, instead of his taxed costs, that person shall be entitled to a proportion (specified in the order) of those costs from or up to a stage of the proceedings so specified.

(5) Where the court orders a party to pay costs to another party (other than fixed costs) it may make a summary assessment of the costs, unless any rule, practice direction or other enactment provides otherwise.

(6) Where the court makes a summary assessment under paragraph (4), the costs so assessed shall be payable forthwith, unless the court orders otherwise.

(7) Where a claimant is entitled to costs under rule 6(3) the amount of the costs shall be assessed by the Court unless it thinks fit to order taxation and the amount so assessed or taxed shall be added to the debt due to the claimant.

(8) Subject to paragraph (9), where a party is entitled to costs under rule 6(7) or (8) the amount of those costs may be assessed by the Court and be ordered to be paid forthwith.

(9) No order may be made under paragraph (8) in a case where the person against whom the order is made is an assisted person within the meaning of the statutory provisions relating to legal aid.

62/8 Stage of proceedings at which costs to be taxed

8 (1) Subject to paragraph (2), the costs of any proceedings shall not be taxed until the conclusion of the cause or matter in which the proceedings arise.

(2) If it appears to the Court when making an order for costs that all or any part of the costs ought to be taxed at an earlier stage it may, except in a case to which paragraph (3) applies, order accordingly.

(3) No order may be made under paragraph (2) in a case where the person against whom the order for costs is made is an assisted person within the meaning of the statutory provisions relating to legal aid.

(4) In the case of an appeal the costs of the proceedings giving rise to the appeal, as well as the costs of the appeal, may be dealt with by the Court hearing the appeal.

(5) [blank]

(6) Notwithstanding anything in Part III of this Order, where the Court makes an order as to the costs of any proceedings before another court under paragraph (4), the order —

(a) shall specify the amount of the costs to be allowed; or

(b) shall direct that the costs be assessed by the court before which the proceedings took place or be taxed by an officer of that court; or

(c) may direct that the costs be taxed by the Registrar.

(7) and (8) [blank]

(9) Where it appears to the Registrar on application that there is no likelihood of any further order being made in a cause or matter, he may tax forthwith the costs of any interlocutory proceedings which have taken place.

62/9 Matters to be taken into account in exercising discretion

9 The Court in exercising its discretion as to costs shall take into account —

(a) any offer of contribution brought to its attention in accordance with Order 16, rule 10;

(b) any payment of money into court and the amount of such payment;

(c) any written offer made under Order 33, rule 4A (2); and

(d) any written offer made under Order 22, rule 14, provided that the Court shall not take such an offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under Order 22.

62/10 Misconduct or neglect in the conduct of any proceedings

10 (1) Where it appears to the Court in any proceedings that any thing has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party, the Court may order that the costs of that party in respect of the act or omission, as the case may be, shall not be allowed and that any costs occasioned by it to any other party shall be paid by him to that other party.

(2) Instead of making an order under paragraph (1) the Court may refer the matter to the Registrar, in which case the Registrar shall deal with the matter under rule 28(1).

62/11 Personal liability of attorney for costs

11 (1) Subject to the following provisions of this rule, where it appears to the Court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable competence and expedition, the Court may —

(a) order —

(i) the attorney whom it considers to be responsible (whether personally or through a servant or agent) to repay to his client costs which the client has been ordered to pay to any other party to the proceedings; or

(ii) the attorney personally to indemnify such other parties against costs payable by them; and

(iii) the costs as between the attorney and his client to be disallowed;

or

(b) direct the Registrar to inquire into the matter and report to the Court, and upon receiving such a report the Court may make such order under sub-paragraph (a) as it thinks fit.

(2) When conducting an inquiry pursuant to a direction under paragraph (1)(b) the Registrar shall have all the powers and duties of the Court under paragraphs (4), (5), (6) and (8) of this rule.

(3) Instead of proceeding under paragraph (1) of this rule the Court may refer the matter to the Registrar, in which case the Registrar shall deal with the matter under paragraphs (2) and (3) of rule 28.

(4) Subject to paragraph (5), before an order may be made under paragraph (1)(a) of this rule the Court shall give the attorney a reasonable opportunity to appear and show cause why an order should not be made.

(5) Without prejudice to Order 32, rule 5 (3), the Court shall not be obliged to give the attorney a reasonable opportunity to appear and show cause where proceedings fail, cannot conveniently proceed or are adjourned without useful progress being made because the attorney —

(a) fails to attend in person or by a proper representative;

(b) fails to deliver any document for the use of the Court, which ought to have been delivered or to be prepared with any proper evidence or account, or

(c) otherwise fails to proceed.

(6) The Court may direct the Solicitor General to attend and take part in any proceedings or inquiry under this rule and the Court shall make such order as to the payment of the Solicitor General's costs as it thinks fit.

(7) If in any proceedings a party who is represented by an attorney fails to pay the fees or any part of the fees prescribed by the orders as to Court fees the Court may order the attorney personally to pay that amount in the manner so prescribed.

(8) The Court may direct that notice of any proceedings or order against an attorney under this rule be given to his client in such a manner as may be specified in the direction.

Part III: Taxation and Assessment of Costs

62/12 Basis of taxation

12 (1) 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.

(2) On a taxation on the indemnity basis all costs shall be allowed except insofar 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.

(3) Where the Court makes an order for costs without indicating the basis of taxation or an order that costs be taxed on a basis other than the standard basis or the indemnity basis, the costs shall be taxed on the standard basis.

62/13 [blank]

62/14 Costs payable to a trustee or estate representative out of any fund

14 (1) This rule applies to every taxation of a trustee's or estate representative's costs where —

(a) he is or has been a party to any proceedings in that capacity, and

(b) he is entitled to be paid his costs 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 estate representative as such.

62/15 [blank]

62/16 Costs payable to an attorney where money claimed by or on behalf of a minor or a patient

16 (1) This rule applies to any proceedings in which —

(a) 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 minor or a patient; or

(b) money paid into court is accepted by or on behalf of a minor or patient.

(2) The costs of proceedings to which this rule applies which are payable by any plaintiff to his attorney shall, unless the Court otherwise orders, 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, and

(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 attorney 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) On a taxation under paragraph (2), the Registrar shall also tax any costs payable to that plaintiff in those proceedings and shall certify —

(a) the amount allowed on the taxation of the attorney's bill to his own client, and

(b) the amount allowed on the taxation of any costs payable to that plaintiff in those proceedings, and

(c) the amount (if any) by which the amount mentioned in sub-paragraph (a) exceeds the amount mentioned in sub-paragraph (b), and

(d) where necessary, the proportion of the amount of such excess payable by, or out of money belonging to, respectively any claimant who is a minor or patient and any other party.

(4) [blank]

(5) Nothing in the foregoing provisions of this rule shall prejudice an attorney's lien for costs.

(6) The foregoing provisions of this rule shall apply in relation to —

(a) a counterclaim by or on behalf of a person who is a minor or a patient, and

(b) a claim made by or on behalf of a person who is a minor or a patient in an action by any other person for relief under section 504 of the Merchant Shipping Act 1894,

as if for references to a plaintiff there were substituted references to a defendant.

62/17 Provisions for ascertaining costs on a taxation

17 (1) Subject to the following provisions of this rule, the provisions contained in Part II of the Schedule 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) [blank]

(3) Notwithstanding paragraph (1), costs shall be allowed in the cases to which Part III of the Schedule to this Order applies in accordance with the provisions of that Part unless the Court otherwise orders.

(4) This rule and the provisions contained in Part II of the Schedule to this Order shall not apply to the extent that regulations made under the Legal Aid Act 1980 determine the amount of costs payable to legal representatives in relation to proceedings to which this Order applies.

62/18 Litigants in person

18 (1) Subject to the provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by an attorney on the litigant's behalf together with any payments reasonably made by him for legal advice relating to the conduct of or the issues raised by the proceedings.

(2) The amount allowed in respect of any item shall be such sum as the Registrar thinks fit but not exceeding, except in the case of a disbursement, two-thirds of the sum which in the opinion of the Registrar would have been allowed in respect of that item if the litigant had been represented by an attorney.

(3) Where it appears to the Registrar that the litigant has not suffered any pecuniary loss in doing any item of work to which the costs relate, he shall be allowed in respect of the time reasonably spent by him on that item not more than $50.00 per hour.

(4) A litigant who is allowed costs in respect of attending court to conduct his case shall not be entitled to a witness allowance in addition.

(5) Nothing in Order 6, rule 2(1)(b), or in rule 17(3) of, or Part III of the Schedule to, this Order shall apply to the costs of a litigant in person.

(6) For the purposes of this rule a litigant in person does not include a litigant who is a practising attorney.

(7) This rule shall apply, with the necessary modifications, to the summary assessment of costs by the court under paragraph 4A of rule 7.

Part IV: Powers of Registrar

62/19 Who may tax costs

19 The Registrar shall have power to tax —

(a) the cost of or arising out of any proceedings to which this Order applies,

(b) the costs ordered by an award made on a reference to arbitration under any Act or payable pursuant to an arbitration agreement, and

(c) any other costs the taxation of which is ordered by the Court.

62/20 Supplementary powers of Registrar

20 The Registrar may, in the discharge of his functions with respect to the taxation of costs —

(a) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so orders;

(b) require any party represented jointly with any other party in any proceedings before him to be separately represented;

(c) examine any witness in those proceedings; and

(d) order the production of any document which may be relevant in connection with those proceedings.

62/21 Extensions of time

21 (1) The Registrar may —

(a) extend the period within which a party is required by or under this Order or by the Court to begin proceedings for taxation or to do any thing in or in connection with those proceedings on such terms (if any) as he thinks just; or

(b) where no period is specified by or under this Order or by the Court for the doing of any thing in or in connection with such proceedings, specify the period within which the thing is to be done.

(2) The Registrar may extend any such period as is referred to in paragraph (1) of this rule although the application for extension is not made until after the expiration of that period.

62/22 Certificates

22 The Registrar —

(a) shall, at the conclusion of taxation proceedings before him, issue a certificate for the costs allowed by him;

(b) may from time to time in the course of the taxation issue an interim certificate for any part of the costs which have been taxed or for any part of the amount which is not in dispute;

(c) may amend or cancel an interim certificate issued by him;

(d) may correct any clerical mistake in any certificate issued by him or any error arising therein from any accidental slip or omission,

(e) may set aside a certificate issued by him in order to enable him to extend the period provided by rule 33(2), and

62/23 Power of Registrar where party liable to be paid and to pay costs

23 Where a party entitled to be paid costs is also liable to pay costs, the Registrar may —

(a) tax the costs which the party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance; or

(b) delay the issue of a certificate for the costs the party is entitled to be paid until he has paid or tendered the amount he is liable to pay.

62/24 Taxation of bill of costs comprised in an account

24 (1) Where the Court orders an account to be taken and the account consists in part of costs, the Court may direct the Registrar to tax those costs and the Registrar shall after taxation of the bill of costs return it, together with his report on it, to the Court.

(2) The Registrar taxing a bill of costs in accordance with a direction under paragraph (1) shall have the same powers, and the same fee shall be payable in connection with the taxation, as if an order for taxation of the costs had been made by the Court.

62/25 Registrar to fix certain fees payable to conveyancing counsel

25 (1) When the Court refers any matter to the conveyancing counsel of the Court or obtains the assistance of any other person under Order 32, rule 16, the fees payable to counsel or that other person in respect of work done by him in connection with the reference or, as the case may be, in assisting the Court shall be fixed by the Registrar.

(2) An appeal from a decision of the Registrar under paragraph (1) shall lie to the Court and the decision of the Court thereon shall be final.

62/26 Powers of Registrar on taxation of costs out of a fund

26 (1) Where any costs are to be paid out of a fund the Registrar may give directions as to the parties who are entitled to attend on the taxation of those costs and may disallow the costs of attendance on any party not entitled to attend by virtue of the directions and whose attendance he considers unnecessary.

(2) Where the Court has directed that a bill of costs be taxed for the purpose of being paid out of a fund, the Registrar may direct the party whose bill it is to send to any person having an interest in the fund a copy of the bill, or of any part thereof, free of charge together with a letter containing the following information, that is to say —

(a) that the bill of costs, a copy of which or of part of which is sent with the letter has been referred to the Registrar for taxation;

(b) [blank]

(c) the time appointed by the Registrar at which the taxation will be continued, and

(d) such other information, if any, as the Registrar may direct.

62/27 Powers of Registrar in relation to costs of taxation proceedings

27 (1) Subject to the provisions of any Act and this Order, the party whose bill is being taxed shall be entitled to his costs of the taxation proceedings.

(2) Where it appears to the Registrar that in the circumstances of the case some other order should be made as to the whole or any part of the costs, the Registrar shall have, in relation to the costs of taxation proceedings, the same powers as the Court has in relation to the costs of proceedings.

(3) Subject to paragraph (5), the party liable to pay the costs of the proceedings which gave rise to the taxation proceedings may make a written offer to pay a specific sum in satisfaction of those costs which is expressed to be "without prejudice save as to the costs of taxation" at any time before the expiration of fourteen days after the delivery to him of a copy of the bill of costs under rule 30(3) and, where such an offer is made, the fact that it has been made shall not be communicated to the Registrar until the question of the costs of the taxation proceedings falls to be decided.

(4) The Registrar may take into account any offer made under paragraph (3) which has been brought to his attention.

(5) No offer to pay a specific sum in satisfaction of costs may be made in a case where the person entitled to recover his costs is an assisted person within the meaning of the statutory provisions relating to legal aid.

(6) In this rule any reference to the costs of taxation proceedings shall be construed as including a reference to any fee which is prescribed by the Orders as to Court fees for the taxation of a bill of costs.

62/28 Powers of Registrar in relation to misconduct, neglect, etc.

28 (1) Where, whether or not on a reference by the Court under rule 10(2), it appears to the Registrar that anything has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party in the taxation proceedings or in the proceedings which gave rise to the taxation proceedings, he may exercise the powers conferred on the Court by rule 10(1).

(2) Where, whether or not on a reference by the Court under rule 11(3), it appears to the Registrar that costs have been wasted in the taxation proceedings or in the proceedings which gave rise to the taxation proceedings, he may, subject to paragraph (3) of this rule, exercise the powers conferred on the Court by rule 11.

(3) In relation to the exercise by the Registrar of the powers of the Court under rule 11, paragraphs (4) to (6) and (8) of rule 11 shall apply as if for reference to the Court there were substituted references to the Registrar.

(4) Where a party entitled to costs —

(a) fails without good reason to commence or conduct proceedings for the taxation of those costs in accordance with this Order or any direction, or

(b) delays lodging a bill of costs for taxation,

the Registrar may —

(i) disallow all or part of the costs of taxation that he would otherwise have awarded that party; and

(ii) after taking into account all the circumstances (including any prejudice suffered by any other party as a result of such failure or delay, as the case may be, and any additional interest payable under section 9 of the Interest and Credit Charges (Regulations) Act 1975 because of the failure or delay), allow the party so entitled less than the amount he would otherwise have allowed on taxation of the bill or wholly disallow the costs.

(5) An appeal shall lie to a judge in chambers from the exercise by the Registrar of the powers conferred by this rule; and Order 58, rule 1 shall apply to such an appeal.

(6) In exercising his powers under this rule the Registrar shall have all the powers available to the Court in the exercise of its discretion under rules 10 and 11.

Part V: Procedure on Taxation

62/29 Commencement of proceedings

29 (1) Where a party is entitled to recover taxed costs or to require any costs to be taxed by the Registrar by virtue of —

(a) a judgment, direction or order given or made in proceedings in the Court; or

(b) rule 5(3), (4) or (5); or

(c) an award made on an arbitration under any Act or pursuant to an arbitration agreement; or

(d) an order, award or other determination of a tribunal or other body constituted by or under any Act,

he must begin proceedings for the taxation of those costs within six months of conclusion of the cause or matter in which the proceedings arise unless the Court when making an order for costs orders that costs ought to be taxed at an earlier stage under rule 8(2). In cases to which sub paragraph (b) applies he must begin proceedings for the taxation of those costs within six months after service of the notice given under order 21 rule 2 or order 22 rule 3. Where there is an appeal of any judgment, direction, order, award or of any other determination that concludes the cause or matter in which the proceedings arise, a party entitled to recover taxed Supreme Court costs must begin proceedings for the taxation of those costs within six months after the final determination of the appeal.

(2) [blank]

(3) Where a party entitled to costs fails to begin proceedings for taxation within the time limit specified in paragraph (1), any other party to the proceedings which gave rise to the taxation proceedings may, with the leave of the Registrar, begin taxation proceedings.

(4) Where leave has been granted under paragraph (3), the party to whom it has been granted shall proceed as if he were the person entitled to begin taxation proceedings.

(5) A party entitled to require any costs to be taxed must begin proceedings for the taxation of those costs by lodging at the Registry —

(a) a statement containing the following particulars —

(i) the name of every party, and the capacity in which he is a party to the proceedings, his position on the record of the proceedings which gave rise to the taxation proceedings and, if any costs to which taxation proceedings relate are to be paid out of a fund, the nature of his interest in the fund; and

(ii) the address of any party to the proceedings who acknowledged service in person or who at the conclusion of the proceedings which gave rise to the taxation proceedings was acting in person and the name and address of the attorneys of any party who did not so enter an appearance or was not so acting in person.

(b) unless the Registrar otherwise orders, a bill of costs —

(i) in which the professional charges and the disbursement are set out in separate columns and each column is cast, and

(ii) which is endorsed with the name, or firm and business address of the attorney whose bill it is, and

(iii) which contains a certificate, signed by that attorney or, if the costs are due to a firm, by a partner of that firm, that the costs claimed therein do not exceed the costs which the receiving party is required to pay him or his firm.

(6) Where a party is entitled to require taxation by the Registrar of the costs directed to be paid by an award made on arbitration under any Act or pursuant to an arbitration agreement and no order of the Court for the enforcement of the award has been made, the party so entitled must begin proceedings for the taxation of those costs by producing the award at the Registry.

(7) Where a party is entitled to require taxation by the Registrar of any costs directed to be taxed or paid by an order, award or other determination of a tribunal or other body constituted by or under any Act, the party so entitled must begin proceedings for the taxation of those costs by producing at the Registry the order, award or other determination, as the case may be.

(8) Where a party has begun proceedings for taxation the Registrar shall as soon as practicable give notice to any other party whose costs are to be taxed in the proceedings of the period within which his bill of costs together with all necessary papers and vouchers supporting the bill of costs are to be sent to the Registrar.

(9) A party whose costs are to be taxed in any taxation proceedings must, within four days after beginning the proceedings or, as the case may be, receiving notice under paragraph (8), send a copy of his bill of costs to every other party entitled to be heard in the proceedings unless that party has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

(10) In this rule and in this Part of this Order —

"party entitled to be heard on the taxation" means —

(a) a person who has entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings and who is directly liable under an order for costs made against him, or

(b) a person who had begun proceedings for taxation in accordance with this rule, or

(c) a person who had given the party taxing and the Registrar written notice that he has a financial interest in the outcome of the taxation, or

(d) a person in respect of whom a direction has been given under rule 26.