Order under Part 24 for detailed assessment of solicitor's bill of costs and for judgment on the amount found due thereunder
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
No. 44D
Order under Part 24 for detailed assessment of solicitor’s bill of costs and for judgment on the amount found due thereunder
IN THE HIGH COURT OF JUSTICE
[ ] DIVISION
[ ] District Registry
Claim No.
Before (Master or District Judge) (name)
Claimant
Defendant
UPON THE APPLICATION by the claimant by application notice dated . . . for detailed assessment of his bill of costs and for summary judgment on the amount found due thereunder
[AND UPON HEARING . . . . . . . . .]
AND UPON READING the written evidence filed
IT IS ORDERED that:
1. In accordance with the Solicitors Act 1974, a detailed assessment of the bill of costs on which this claim is brought do take place before a [Costs judge or District Judge] under Parts 46 and 47.
2. The claimant;
(1) give credit at the time of the assessment for all sums of money received by him for or on account of the defendant, and
(2) may without further order enter judgment against the defendant for the amount (if any) found due upon the assessment together with the costs of this claim to be assessed at the same time if not agreed.
3. In accordance with rule 46.10 (as hereby modified);
(1) the claimant do serve a breakdown of costs by (date),
(2) the defendant do serve points of dispute by (date),
(3) the claimant do serve a reply (if any) by (date), and
(4) the defendant do file a request for a hearing date
(a) after the points of dispute have been served, but
(b) no later than (date).
4. If the defendant fails to comply with any of the provisions of paragraph 3 above, the claimant may without further order enter final judgment for the amount set out in the particulars of claim [and interest as claimed] together with costs of the claim [to be assessed] or [summarily assessed at £...............].
5. If the claimant fails to comply with paragraph 3(1) above, the defendant may under paragraph 6.3 of the Practice Direction to Part 46 apply to the court in which the detailed assessment hearing should take place for an order requiring compliance.
6. That the claimant’s costs of this application be summarily assessed at £. . . . . . . . [or as may be...
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