Item No. |
Recommendations |
Rules Affected |
Amendment Rules |
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Section 27: |
Taxing the Other Side's Costs Division 2 - Recommendation 134 Division 3 - Recommendations 135-136 Division 4 - Miscellaneous Division 5 - Transitional arrangement |
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77. |
Recommendation 134 The court should have a general discretion to conduct provisional taxations on the papers, with any party dissatisfied with the award being entitled to require an oral taxation hearing, but subject to possible costs sanctions if he fails to do materially better at the hearing.
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RHC Order 62
HCFR First Schedule
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Rules 130-146
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78. |
Recommendation 135 Rules or practice directions, backed by flexible costs sanctions, should be introduced requiring the parties to a taxation to file documents in prescribed form, with bills of costs supported by and cross-referenced to taxation bundles and objections to items in such bills taken on clearly stated grounds.
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79. |
Recommendation 136 Rules conferring a broad discretion on the court in respect of the costs of a taxation and giving guidance as to the exercise of such discretion should be introduced along the lines of CPR 44.14 and CPR 47.18, suitably modified to fit local circumstances.
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