Consideration by Legal Costs Adjudicator of determination Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator to confirm a charge, not to confirm a charge or to determine a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which […]
Power to award legal costs A court may, on application by a party to civil proceedings, at any stage in, and from time to time during, those proceedings— order that a party to the proceedings pay the costs of or incidental to the proceedings of one or more of the parties to the proceedings, or where proceedings before the court concern the estate of a […]
Overview A Legal Costs Adjudicator shall apply the following principles in adjudicating on a bill of costs pursuant to an application pursuant to section 154 : that the costs have been reasonably incurred, and that the costs are reasonable in amount. Costs shall include VAT only when such sums are not recoverable by the person in whose favour the order is made. Legal Costs Adjudicator […]
Court Award Costs In a case where a person is ordered by a court, tribunal or other body to pay, in whole or in part, the legal costs of another person, the person whose legal costs are to be paid by reason of that order shall furnish a bill of costs to the person who is the subject of the order to pay the legal […]
Duty to Give Costs Notice On receiving instructions from a client, a legal practitioner shall provide the client with a notice which shall disclose the legal costs that will be incurred in relation to the matter concerned, or if it is not reasonably practicable for the notice to disclose the legal costs at that time, set out the basis on which the legal costs are […]
Court Direct Unnecessary Costs If it appears to the court that costs have been improperly or without any reasonable cause incurred or that by reason of undue delay in proceedings under a judgement or order or any misconduct or default by legal practitioner costs incurred which have proved fruitless to the person incurring the same the court may having given the practitioner the opportunity to […]
Costs of judgment in default In all cases of judgment by default of appearance for a liquidated demand, where the plaintiff is entitled to costs, there shall be added to the principal sum for which such judgment is marked the respective sums for costs set out in Part II of the scales of costs in Appendix W of the Rules of the Superior Court. Where: […]
Lodgment or Tender of Costs In any application for adjudication of costs by a person in whose favour the order to pay costs has been made or by a legal practitioner, the person who is the subject of the order to pay costs or the client may within 21 days of the service upon him of the application, or at any later time by leave […]
Adjudication procedure On the initial return date of the application for adjudication, or on any date to which that application is adjourned, the Legal Costs Adjudicator may, if he does not proceed to adjudicate the bill of costs: give directions as to the service of notice of the adjudication on any other person; give such further directions, if any, as he considers necessary as to […]
Notes on preparation of the bill of costs The bill is divided into sections. Only those sections which are applicable to the services to which the legal costs relate should be included. Sections A, B, C and D in the form should be inserted where the services to which the costs relate are in respect of legal proceedings. A section may be deleted where it […]
New Adjudication System New rules were published in 2019 to provide for the transition from the former taxation of costs system to the legal costs adjudication system provided for under the Legal Services Regulation Act. Matters pending for taxation at the date the rules commenced may be referred to legal adjudication. As well as changing the system for ascertaining costs the rules contain some important […]
Basic Princiles Legal Costs Adjudicator shall apply the basic principle that the costs have been reasonably incurred, and that the costs are reasonable in amount. In determining whether costs are reasonable in amount, the Adjudicator is to consider the following: the complexity of the legal work; the difficulty and novelty of the issues involved; skill and specialised knowledge relevant to the matter; the time and labour […]
Court Order for Costs Where a person is ordered by a court, tribunal or other body to pay, in whole or in part, legal costs of another, the person whose legal costs are to be paid must furnish a bill of costs to the person who is the subject of the order to pay. This must be in a form and manner consistent with terms […]