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Proposal 59
Conditional upon benchmark costs being adopted, such benchmark costs should be taken to
represent the presumptive amounts allowable in a taxation of costs and pursuit of a taxation
process by a party who subsequently fails to secure an award for a higher amount in respect
of an item covered by a costs benchmark should be taken into account in determining the
incidence and quantum of the costs of the taxation process.
Interim Report paras 613-615
This proposal is expressed to be conditional on the adoption of benchmark costs. As
indicated in Recommendation 127, the Working Party has decided against adoption of
Proposal 55 for compiling benchmark costs as understood in the Interim Report for
general use.
The Working Party therefore recommends against accepting Proposal 59. However,
as stated in Recommendation 128, the Judiciary should compile and publish costs
indications derived from decisions of the taxing masters and other reliable sources to
be used as a guide to judges and masters making costs awards and to parties
negotiating fees or wishing to settle costs disputes. Such figures would provide
guidance, but would not purport to set any presumptive benchmarks.
Proposal 59 (for use of benchmark costs as the
presumptive amounts allowable in a taxation of costs) should not be adopted,
without prejudice to use of costs indications for guidance.
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