Re the Children Act 1989 (Taxation of Costs)
| Jurisdiction | England & Wales |
| Judgment Date | 26 August 1994 |
| Date | 26 August 1994 |
| Court | Family Division |
Family Division
Before Mr Justice Cazalet with assessors
Children -costs - taxation - "exceptional circumstances"
There could be no legal definition of "exceptional circumstances" in the Legal Aid in Family Proceedings (Remuneration) Regulations (SI 1991 No 2038). Where such circumstances did arise a taxing officer exercising a discretion to allow an uplift had to use as a starting point the rate prescribed in those regulations. Bills of costs should be drafted in a way that identified and particularised those specific items of work requiring the exercise of that discretion.
Mr Justice Cazalet sitting with assessors so stated in a chambers judgment in the Family Division, reported with his Lordship's consent, on review of taxation of costs for work done in the course of care proceedings under the Children Act 1989.
Mr Martin Farber for the solicitors.
MR JUSTICE CAZALET, giving the judgment of the court, said that the taxation gave rise to three difficult and important points:
1 What was the meaning of "other exceptional circumstances of the case" in regulation 3(4)(c)(iii) of the 1991 Regulations?
2 If there were other exceptional circumstances of the case or exceptional competence or exceptional expedition within the meaning of regulation 3(4)(c) could the taxing officer have any, and if so what regard to the rates prescribed by the regulations in arriving at the "larger amount" specified in that regulation?
3 Where in a bill of costs exceptional competence, expedition or other exceptional circumstance was claimed, how should such be set out in the bill and be dealt with by the district judge or taxing officer?
On the first question, his Lordship did not feel that a legal definition could be given to the words "exceptional circumstances" or was necessary.
His Lordship considered that "exceptional circumstances of the case" meant the circumstances of the particular case at whatever level of court it was heard. The fact that a case might be more difficult for an experienced tribunal of whatever level was no more than an indicator of the potential presence of exceptional circumstances. It was only if the case affected the work done by the lawyers in a qualitative or quantitative sense that it became reasonable for the taxing authority to exercise the discretion.
In the present case District Judge Segal found that the only exceptional circumstance...
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Re H (Costs: Care Proceedings)
...para 1(2). Matrimonial Causes (Costs) Rules 1988, Sch 1, Part I. Cases referred to in judgment:Children Act 1989 (Taxation of Costs), Re[1995] 1 FCR 688. Lord Chancellor v Wright and Another [1993] 1 WLR 1561; [1993] 4 All ER Practice Direction: Registrar's Direction: Matrimonial Causes (Co......
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...His Lordship found support for that view in the decision of Mr Justice Cazalet in In re the Children Act 1989 (Taxation of Costs)FLR ([1994] 2 FLR 934). Lord Justice Pill gave a concurring ...