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Proposal 61
Rules, backed by costs sanctions, 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, using
where applicable, prescribed court forms and precedents.
Interim Report paras 618-619
A properly drawn up and cross-referenced bill of costs, together with clearly stated
objections, would greatly increase the efficiency of the taxation process, whether on a
provisional taxation or at a full hearing.
Proposal 61, which is aimed at promoting such efficiency, was generally supported,
with some respondents advancing particular suggestions for improvement. Thus, the
High Court masters commented that the present format of bills leaves much to be
desired :-
"The present format has fragmented each event and makes it difficult to apprehend its
significance in the course of litigation relative to costs. The same event appears in different
taxation items scattered all over the bill. It is very repetitious and tedious: the same event
appears again and again under different heads of the bill."
The Law Society agreed that the format of the bill of costs requires an overhaul and
put forward various other suggestions for reforming the procedure and practice of
taxations. The Legal Aid Department suggested that more efficient ways could be
found for dealing with mechanical costs items (which generally attract little objection)
and routine correspondence.
Proposal 61 should plainly be adopted with a view to streamlining the process of
taxation. The exact changes needed in practice ought to be determined after
consultation with all interested parties. When more rational and efficient court forms
are developed, their proper use and the proper preparation of the papers for use in
taxations should be enforced with appropriate costs sanctions.
Notes
Including by the High Court masters, the Law Society, the LAD, the Bar Association, the BSCPI, the
JCGWG, the APAA, the HKFLA, the HKMLA, the Consumer Council, one set of barristers'
chambers and three firms of solicitors.
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