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17.9
The Working Party's view
In the Working Party's view, introduction of the summary assessment of costs by
judges and masters is an essential part of the package of reforms aimed at minimising
interlocutory applications and discouraging unwarranted applications. The proposal is
not in fact a radical one since under the present rules, the court already has power to
make a gross sum assessment of costs in lieu of having the costs taxed. Order 62 r
9(4)(b) provides : -
"The Court in awarding costs to any person may direct that, instead of taxed costs, that
person shall be entitled to a gross sum so specified in lieu of taxed costs, but where the
person entitled to such a gross sum is a litigant in person, rule 28A shall apply with the
necessary modifications to the assessment of the gross sum as it applies to the taxation of the
costs of a litigant in person."
At the same time, the Working Party acknowledges the concerns voiced in the
consultation. We believe, however, that appropriate measures addressing such
concerns can be put in place. In so doing, the presently uneven application of Order
would give way to a more systematic and better-informed process of
summary assessment.
Recommendation 88: The court should, whenever appropriate (whether as a
response to an unwarranted application or unwarranted resistance to an
application, with a view to saving costs or otherwise), make a summary
assessment of costs when disposing of interlocutory applications.
Notes
See Interim Report §452.
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