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(k)
empowering the court, where a summary assessment is appropriate but cannot
be done on the day the hearing concludes, to direct that there be a further
hearing for the purpose of an assessment before the same judge;
(l)
to exempt from the power to make a summary assessment of costs any classes
of litigant where such assessment may be inappropriate and to make provision
for calculating the quantum of costs assessed in favour of an unrepresented
litigant;
and,
(m)
requiring a solicitor to notify his client in writing of any adverse costs order
within 7 days of the making of that order.
Recommendation 89: Rules and practice directions along the lines indicated in
this section of the Final Report should be adopted to regulate the making and
implementation of orders for the summary assessments of costs.
Notes
44PD.7 §13.8.
Presently, the calculation of costs payable on taxation to a litigant in person is governed by O 62 r
28A. Such costs are allowed at the rate of $200 per hour for the time reasonably spent where no
pecuniary loss is suffered by the unrepresented litigant. Where there is such loss, costs are capped at
2/3
of what would have been allowed for the services of a solicitor.
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