Regulation 16: Determination of costs where no amount specified, The Civil Legal Aid (Costs) Regulations 2013

Paragraphs (2) to (12) apply where the amount to be paid under a section 26(1) costs order, or an application for a costs order against the Lord Chancellor, is to be determined under this regulation in accordance with regulation 15(5).

Subject to regulations 10(3)(b)(ii) and 19(3), the receiving party may, within three months of the date on which a section 26(1) costs order is made, request a hearing to determine the amount to be paid to that party.

A request under paragraph (2) must be accompanied by—

if the section 26(1) costs order does not state the full costs, the receiving party’s bill of costs, which must comply with any requirements of relevant rules of court relating to the form and content of a bill of costs where the court is assessing a party’s costs;

unless the conditions set out in paragraph (4) are satisfied, a statement of resources; and

if the receiving party is seeking a costs order against the Lord Chancellor or may seek such an order subject to the determination of the amount to be paid under the section 26(1) costs order, written notice to that effect.

The conditions referred to in paragraph (3)(b) are that—

the court is determining an application for a costs order against the Lord Chancellor; and

the costs were not incurred in a court of first instance.

The receiving party must file the documents referred to in paragraph (3) with the court and at the same time serve copies of them—

on the legally aided party, if a determination of costs payable under section 26(1) of the Act is sought; and

on the Lord Chancellor, if notice has been given under paragraph (3)(c).

Where documents are served on the legally aided party under paragraph (5)(a), that party must make a statement of resources.

The legally aided party must, within 21 days of the date of receipt of a copy of the receiving party’s statement of resources—

file with the court the statement of resources made under paragraph (6);

serve a copy of that statement on the receiving party; and

if notice has been given under paragraph (3)(c), serve a copy of that statement on the Lord Chancellor.

The legally aided party may, at the same time as filing and serving a statement of resources under paragraph (7), file, and serve on the same persons, a statement setting out any points of dispute in relation to the bill of costs referred to in paragraph (3)(a).

If the legally aided party, without good reason, fails to file a statement of resources in accordance with paragraph (7), the court—

must determine the amount which that party is to be required to pay under the section 26(1) costs order (and, if relevant, the full costs), having regard to the statement made by the receiving party; and

may do so without an oral hearing.

Subject to paragraph (9)(b), the court must set a date for the hearing if—

the legally aided party files a statement of resources in accordance with paragraph (7);

the period for filing the statement under paragraph (7) expires; or

the costs payable by the legally aided party have already been determined.

The court must, at least 14 days before the hearing date, serve notice of the date on—

the receiving party;

the legally aided party (unless the costs payable by that party have already been determined); and

if a costs order against the Lord Chancellor is or may be sought, the Lord Chancellor.

The amount of costs to be determined under this regulation may include the costs incurred in relation to a request under paragraph (2).

Regulation 16: Determination of costs where no amount specified

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