The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

PROCEDURE ON TAXATION

Mode of beginning proceedings for taxation

20.—(1) A party entitled to require any costs to be taxed must begin proceedings for the taxation of those costs by producing the requisite document and leaving a copy thereof at the Taxing Office.

(2) The requisite document for the purposes of this rule shall be ascertained in accordance with the provisions of Appendix 1 to this Order.

(3) Subject to paragraph (4) where a party is entitled to require any costs to be taxed by virtue of—

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

(b) rule 10,

he must begin proceedings for the taxation of those costs within 6 months after the judgment, direction or order was entered, signed or otherwise prefected or, as the case may be, within 6 months after service of the notice given to him under Order 21, rule 2 (where he is so entitled by virtue of rule 10(1)) or given by him under Order 22, rule 3 (where he is so entitled by virtue of rule 10(2) or (3)).

(4) In relation to the taxation of costs pursuant to an order under the Solicitors (Ireland) Act 1849 paragraph (3) Shall have effect as if for the period of 6 months first mentioned in that paragraph there were substituted a reference to 21 days.

(5) A party who begins proceedings for taxation must at the same time lodge in the Taxing Office :—

(a) a statement containing the following particulars, that is to say—

(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 the 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 appears in person and the name or firm and business address of the solicitor of any party who does not appear, and

(b) unless the Taxing Master otherwise directs, the bill of costs together with all necessary papers and vouchers.

[E.r. 21]

Notification of time appointed for taxation

21.—(1) Where proceedings for taxation have been dilly begun in accordance with rule 20, then, subject to paragraphs (2) and (3) of this rule and rule 23, the proper officer shall give to the party beginning the proceedings and to any other party entitled to be heard in the taxation proceedings, not less than 7 days' notice of the day and time appointed for taxation.

(2) A notice under this rule need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings :

Provided that this paragraph shall not apply where an order for the taxation of a solicitor's bill of costs made under rule 12 at the instance of the solicitor gave rise to the taxation proceedings.

[E.r. 22]

Delivery of bills, etc.

22.—(1) Where a party has begun proceedings for taxation in accordance with rule 20, then, subject to rule 23, the proper officer 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 are to be sent to the Taxing Master.

(2) A party whose costs are to be taxed in any taxation proceedings, except a solicitor whose costs are to be taxed by virtue of an order made under rule 12, must within 4 days after beginning the proceedings or, as the case may be, receiving notice under paragraph (1) 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.

[E.r. 23]

Short and urgent taxation proceedings

23.—(1) Where a party entitled to require taxation of any costs of or arising out of proceedings in the Supreme Court begins proceedings for the taxation of those costs in accordance with rule 20, then, if, when he begins such proceedings, he satisfies the proper officer—

(a) that, in view of the amount of any bill of costs to be taxed, the time required for taxation is likely to be short, and

(b) that the speedy completion of the taxation is necessary in the interests of any person concerned in the taxation,

the proper officer shall enter the proceedings for taxation in a list kept for the purposes of this rule and shall forthwith give notice of the day and time appointed for taxation to the party whose costs are to be taxed.

(2) A party whose costs are to be taxed in proceedings entered for taxation in the list referred to in paragraph (1) must, subject to paragraph (3), not less than 2 days before the day appointed for taxation send a copy of his bill of costs to every other party entitled to be heard in the proceedings with a notice of the day and time appointed for taxation.

(3) A notice under paragraph (2) need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

[E.r. 24]

Provisions as to bills of costs

24.—(1) In any solicitor's bill of costs the professional charges and the disbursements must be entered in separate columns and every column must be cast before the bill is left for taxation.

(2) Before a solicitor's bill of costs is left for taxation it must be endorsed with the name or firm and business address of the solicitor whose bill it is.

[E.r. 25]

Provisions as to taxation proceedings

25.—(1) If any party entitled to be heard in any taxation proceedings does not attend within a reasonable time after the time appointed for the taxation, the Taxing Master, if satisfied by affidavit or otherwise that the party had due notice of the time appointed, may proceed with the taxation.

(2) The Taxing Master may, if he thinks necessary to do so; adjourn any taxation proceedings from time to time.

[E.r. 26]

Powers of Taxing Master taxing costs payable out of fund

26.—(1) Where any costs are to be paid out of a fund the Taxing Master 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 of 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 Taxing Master may, if he thinks fit, adjourn the taxation for a reasonable period and 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 Taxing Master for taxation;

(b) the time appointed by the Taxing Master at which the taxation will be continued; and

(c) such other information, if any, as the Taxing Master may direct.

[E.r. 27]