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Proposal 60
A procedure should be introduced to enable provisional taxations to be conducted on the
papers, at the court's discretion, subject to a party dissatisfied with any such provisional
taxation being entitled to require an oral hearing, but subject to possible costs sanctions if
he fails to do better at the hearing.
Interim Report paras 616-617
There is a considerable demand for taxations. Order 62 r 21(4) currently allows
provisional taxations to be effected on the papers and without a hearing where the bill
of costs does not exceed $100,000. In the 12 month period between April 2001 and
March 2002 in the High Court, almost 2,000 taxations were sought, of which slightly
less than half were dealt with by provisional taxation.
Taxation
hearings
Provisional
taxations
Total
Apr 2001
79
66
145
May 2001
107
87
194
Jun 2001
109
85
194
Jul 2001
99
79
178
Aug 2001
96
122
218
Sep 2001
84
84
168
Oct 2001
77
65
142
Nov 2001
71
84
155
Dec 2001
73
58
131
Jan 2002
76
80
156
Feb 2002
59
58
117
Mar 2002
80
74
154
12 months total
1010
942
1952
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