The Matrimonial Causes (Costs) Rules 1988
© Crown Copyright 1988 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Matrimonial Causes (Costs) Rules 1988, ISBN 0110873289. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| ||||||||||||||
MATRIMONIAL CAUSES SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS The Matrimonial Causes (Costs) Rules 1988
1.—(1) These Rules may be cited as the Matrimonial Causes (Costs) Rules 1988, shall come into force on 3rd October 1988, and shall apply subject to the following provisions of this rule for the taxation of costs in matrimonial proceedings whenever instituted. (2) The taxation of the costs of work done before 3rd October 1988 shall be governed by rules 6, 7(1) and 8 of the Matrimonial Causes (Costs) Rules 1979[3] on the bases of taxation applicable under those Rules, and rules 7 to 11, 17 and 21 of these Rules shall not apply. (3) For three months after 3rd October 1988 a party entitled to require any costs to be taxed may prepare and lodge a bill in the form required before that date, and shall be entitled to have a bill so lodged taxed as if these Rules had not been made and as if all the work to which the bill related had been done before that date. (4) Where a bill of costs includes a claim for work done under Part III of Schedule 2 to these Rules in respect of an attendance on or after that date, no allowance may be made for any work done in preparing documents before that date and for which an allowance is claimed under Part I of the matrimonial scale set out in the Appendix to the Matrimonial Causes (Costs) Rules 1979[3]; but this shall not prevent an allowance being made under item 10 of Part IV of the said matrimonial scale in respect of time spent by a fee earner in preparing any such document. (5) Rule 12 shall come into force when section 53 of the Administration of Justice Act 1985[4] comes into force.
2. —(1) In these Rules, unless the context otherwise requires,
and references to costs shall be construed as including references to fees, charges, disbursements, expenses and remuneration and, in relation to proceedings (including taxation proceedings), also include references to costs of or incidental to those proceedings. (2) Unless the context otherwise requires, a rule or Schedule referred to by number means the rule or Schedule so numbered in these Rules. (3) In these Rules any reference to an Order and rule prefixed by the letters "C.C.R." is a reference to that Order and rule in the County Court Rules 1981[9]. (4) The County Court Rules 1936[10] and the Rules of the Supreme Court 1965[11], which pursuant to rule 3(1) of the principal rules apply, subject to the provisions of those rules and of any enactment, to the practice and procedure in matrimonial proceedings, shall apply for the purposes of these Rules subject to any specific provision of these Rules and with the following modifications—
(5) Subject to the foregoing provisions of this rule, these Rules shall be construed as one with the principal rules.
3.—(1) Without prejudice to a taxing master's powers, under R.S.C. Order 62, rule 19(1), to tax the costs of or arising out of any cause or matter in the Supreme Court, including matrimonial proceedings, and subject to the provisions of this rule, the costs of matrimonial proceedings may be taxed as follows—
(2) The offices mentioned in paragraph (1)(d) are the Supreme Court Taxing Office, the divorce registry, and the following district registries—
(3) A Grade 7 officer or senior executive officer of the divorce registry or of a district registry, or a clerk of a divorce county court, shall not have power to tax a solicitor's bill of costs in pursuance of an order under the Solicitors Act 1974[12]. (4) Where a party to proceedings objects to a bill of costs or any part of it being taxed by a Grade 7 officer, a senior executive officer or a clerk under paragraph (1)(b), (d) or (f), he shall, before the taxation begins, deliver to the registrar of the divorce registry or of the district registry or of the divorce county court, as the case may be, written reasons for his objections and, if sufficient reason is shown to the registrar, he shall tax the bill or the relevant part of it himself. (5) Where no objection is made under paragraph (4), a registrar may nevertheless reserve to himself the taxation of the whole or a part of a bill of costs unless the court has directed otherwise. (6) On a taxation under paragraph (1)(b), (d) or (f), a Grade 7 officer, a senior executive officer or a clerk shall comply with any directions given to him—
(7) Unless the context otherwise requires, any reference in the principal rules, or in any rules applied by the principal rules, to "the registrar" in relation to the taxation or assessment of any costs shall be construed as a reference to the taxing officer.
4.—(1) A party who is entitled to require the costs of any matrimonial proceedings to be taxed must begin proceedings for the taxation of those costs not later than six months after the judgment, final decree or order in the proceedings, or such other period as the court may direct—
(2) Paragraph (1) shall have effect, in relation to the taxation of costs pursuant to an order under the Solicitors Act 1974, as if for the period of six months first mentioned in that paragraph there were substituted a reference to 14 days. (3) Subject to the provisions of any Act and of these Rules, the party whose bill is being taxed shall be entitled to his costs of the taxation proceedings—
(4) Subject to paragraph (6), the party liable to pay the costs of the proceedings which gave rise to the taxation proceedings may make a written offer to pay a specific sum in satisfaction of those costs which is expressed to be "without prejudice save as to the costs of taxation" at any time before the expiration of 14 days after the delivery to him of a copy of the bill of costs under rule 6(2) and, where such an offer is made, the fact that it has been made shall not be communicated to the taxing officer until the question of the costs of the taxation proceedings falls to be decided. (5) The taxing officer may take into account any offer made under paragraph (4) which has been brought to his attention. (6) No offer to pay a specific sum in satisfaction of costs may be made in respect of any work done under a legal aid certificate within the meaning of the Legal Aid (General) Regulations 1980[13]. (7) In this rule any reference to the costs of taxation proceedings shall be construed as including a reference to any fee which is prescribed by the Orders as to Court fees for the taxation of a bill of costs.
5.—(1) Save where these Rules otherwise provide, the following provisions of Part II of R.S.C. Order 62 relating to entitlement to costs shall apply with any necessary modifications in relation to the costs of and incidental to any matrimonial proceedings governed by these Rules as they apply in relation to the costs of any proceedings to which that Order applies—
(2) The provisions of Part II of R.S.C. Order 62 which refer to the Official Solicitor or to court fees shall not apply in relation to proceedings in a divorce county court, or to matrimonial proceedings in the divorce registry which are treated as pending in a divorce county court.
6.—(1) Where a party (in this rule called "the applicant") is entitled to require taxation of the costs of any matrimonial proceedings, he must within the time specified in rule 4 lodge his bill of costs, together with all necessary vouchers and papers and a copy of the bill for every other party entitled to be heard on the taxation. (2) The taxing officer shall send to every such party a copy of the bill together with a notice requiring him to inform the taxing officer, within 14 days after receipt of the notice, if he wishes to be heard on the taxation—
(3) If a party to whom notice has been given under paragraph (2) informs the taxing officer within the time limited that he wishes to be heard on the taxation, the taxing officer shall fix an appointment for the taxation and give not less than 14 days' notice of the appointment to the applicant and that party. (4) If no party to whom notice has been given under paragraph (2) informs the taxing officer within the time limited that he wishes to be heard on the taxation, the taxing officer, unless he otherwise directs, shall send to the applicant a notice specifying the amount which the taxing officer proposes to allow in respect of the bill and requiring him to inform the taxing officer, within 14 days after receipt of the notice, if he wishes to be heard on the taxation. (5) If the applicant informs the taxing officer within the time limited that he wishes to be heard on the taxation, the taxing officer shall fix an appointment for the taxation and give 14 days' notice of the appointment to the applicant. (6) The foregoing provisions of this rule shall apply to the taxation of a bill which is to be paid out of the legal aid fund under the Act of 1974 subject to the modifications that, if the bill is not also to be taxed inter partes and if the assisted person does not wish to be heard on the taxation, paragraphs (2) and (3) shall not apply, and paragraph (4) shall apply as if the words preceding the words "the taxing officer, unless he otherwise directs" were omitted. (7) This rule shall not apply to the taxation of a solicitor's bill to his own client. (8) In this rule, "party entitled to be heard on the taxation" means—
7. The provisions of R.S.C. Order 62, rules 12, 14 and 15(1) and (2) relating to the bases of taxation shall apply in relation to the taxation of costs in matrimonial proceedings as they apply in relation to the taxation of costs in the High Court.
8.—(1) Subject to paragraph (2), the provisions of Schedule 1 shall apply for ascertaining the amount of costs to be allowed on a taxation of costs inter partes in matrimonial proceedings except where those costs are payable to a solicitor out of the legal aid fund. (2) Where the amount of a solicitor's remuneration in respect of non-contentious business is regulated (in the absence of agreement to the contrary) by any general orders for the time being in force under the Solicitors Act 1974, the amount of the costs to be allowed on taxation in respect of the like contentious business shall be the same notwithstanding anything in Schedule 1. (3) In this rule, "contentious business" and "non-contentious business" have the meanings assigned by section 87 of the Solicitors Act 1974[14].
9. Except where rule 10 applies, costs which are to be paid to a solicitor by his own client shall be taxed in accordance with rule 8.
10.—(1) Costs payable to a solicitor out of the legal aid fund under the Act of 1974, other than pursuant to section 13 of that Act, shall be taxed in accordance with this rule and with the following provisions of Schedule 1: paragraphs 1(3), (4)(a) and (5) and paragraph 2(2)(a) of Part I, and Part II. (2) Subject to the following paragraphs, the amounts to be allowed on a taxation under this rule shall be—
(3) On taxation the taxing officer—
(4) Without prejudice to regulation 104 of the Legal Aid (General) Regulations 1980, where a standard fee is specified in Part IV of Schedule 2 for work done by junior counsel that fee shall be allowed unless the taxing officer considers that it would be unreasonable to do so, in which case he shall allow such lesser or greater fee as may be reasonable—
(5) For the purpose of determining which of the brief fees provided by item 13 of Schedule 2 should be allowed—
(6) In exercising his discretion under paragraphs (2) to (5) of this rule, or in relation to any provision of Schedule 2 where the amount of costs to be allowed is in his discretion, the taxing officer shall exercise his discretion in accordance with paragraph 1(2) of Part I of Schedule 1. (7) Disbursements (other than counsel's fees) for which no allowance is made in Schedule 2 shall be taxed and allowed, or disallowed, according to the general principles applicable to the taxation of costs in R.S.C. Order 62.
11.—(1) Subject to the following provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant's behalf. (2) The amount allowed in respect of any item shall be such sum as the taxing officer thinks fit but not exceeding, except in the case of a disbursement, two-thirds of the sum which in the opinion of the taxing officer would have been allowed in respect of that item if the litigant had been represented by a solicitor. (3) Where it appears to the taxing officer that the litigant has not suffered any pecuniary loss in doing any item of work to which the costs relate, he shall be allowed in respect of the time reasonably spent by him on that item not more than £6.50 an hour. (4) A litigant who is allowed costs in respect of attending court to conduct his case shall not be entitled to a witness allowance in addition. (5) Nothing in rule 18 of, or Appendix B to, C.C.R. Order 38 shall apply to the costs of a litigant in person. (6) For the purposes of this rule a litigant in person does not include a litigant who is a practising solicitor.
12.—(1) In default of agreement between the Lord Chancellor and a person as to the amount of additional costs to be reimbursed under section 53 of the Administration of Justice Act 1985, either of them may make a written request to the taxing officer that such costs be taxed. (2) Only a registrar shall tax such costs. (3) Notwithstanding R.S.C. Order 62, rule 3(4), such costs shall be taxed on the indemnity basis.
13.—(1) Where in any matrimonial proceedings the costs payable by a party are required to be taxed, they shall be payable within 14 days after the making of an order for payment made on or after the signature of the taxing officer's certificate of the result of the taxation, or within such other time as may be specified in the order. (2) Notwithstanding any enactment to the contrary, costs payable under an order made in proceedings pending in a divorce county court shall not be paid into court.
14.—(1) Where it appears to the court in any proceedings that any thing has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party, the court may order that the costs of that party in respect of the act or omission, as the case may be, shall not be allowed and that any costs occasioned by it to any other party shall be paid by him to that other party. (2) Instead of making an order under paragraph (1) the court may refer the matter to a registrar, in which case the registrar shall deal with the matter under rule 16(1).
15.—(1) Subject to the following provisions of this rule, where it appears to the court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable competence and expedition, the court may—
(2) When conducting an inquiry pursuant to a direction under paragraph (1)(b) the registrar shall have all the powers and duties of the court under paragraphs (3) to (6). (3) Subject to paragraph (4), before an order may be made under paragraph (1)(a) the court shall give the solicitor a reasonable opportunity to appear and show cause why an order should not be made. (4) The court shall not be obliged to give the solicitor a reasonable opportunity to appear and show cause where proceedings fail, cannot conveniently proceed or are adjourned without useful progress being made because the solicitor—
(5) The court may, except in proceedings in a divorce county court or in proceedings in the divorce registry which are treated as pending in a divorce county court, direct the Official Solicitor to attend and take part in any proceedings or inquiry under this rule, and the court shall make such order as to the payment of the Official Solicitor's costs as it thinks fit. (6) The court may direct that notice of any proceedings or order against a solicitor under this rule be given to his client in such a manner as may be specified in the direction. (7) Instead of proceeding under paragraph (1), the court may refer the matter to a registrar, in which case the registrar shall deal with the matter under rule 16(2). (8) In relation to proceedings in a divorce county court or proceedings in the divorce registry which are treated as pending in a divorce county court, jurisdiction which under the provisions of this rule is conferred on the court shall be exercised in accordance with C.C.R. Order 1, rule 8.
16.—(1) Where, whether or not on a reference by the court under rule 14(2), it appears to the registrar when taxing a bill of costs that any thing has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party in the taxation proceedings or in the proceedings which gave rise to the taxation proceedings, he may exercise the powers conferred on the court by rule 14(1). (2) Where, whether or not on a reference by the court under rule 15(7), it appears to the registrar that—
(3) Where a party entitled to costs—
17.—(1) Subject to the following provisions of this rule, there may be allowed such sum as the taxing officer thinks reasonable in respect of the attendance at court for the purposes of any matrimonial proceedings of an expert witness or of any person (including a party to the proceedings) as a witness of fact or as a witness producing a document. (2) There may be allowed in respect of a witness or party who has attended court for the purposes of any matrimonial proceedings, in addition to any sum allowed under paragraph (1), any expenses which the witness or party has actually and reasonably incurred in travelling to and from the court or in staying at an hotel. (3) Where a witness or party attends court on the same day in respect of two or more matrimonial proceedings, the sum which might be allowed to him in respect of one attendance may be apportioned between the several proceedings. (4) Allowances may be made in respect of a witness whether he was called or not, if his attendance was necessary. (5) For the purposes of this rule, a party who has attended for medical examination under rule 30 of the principal rules shall be treated as having attended court.
18.—(1) Any party to any taxation proceedings who is dissatisfied with any decision of a taxing officer, other than a decision on a provisional taxation under rule 6(4), may apply to the taxing officer who conducted the taxation for a review of his decision. (2) An application under this rule for review of a taxing officer's decision must be made within 21 days after that decision or within such other period as may be fixed by the taxing officer. (3) Every applicant for review under this rule must at the time of making his application deliver to the taxing officer his objections in writing specifying what is objected to and stating concisely the nature and grounds of the objection in each case, and must deliver a copy of the objections to every other party entitled to be heard on the taxation under rule 6(8). (4) Any party to whom a copy of the objections is delivered under this rule may, within 21 days after delivery of the copy to him or such other period as may be fixed by the taxing officer, deliver to the taxing officer answers in writing to the objections stating concisely the grounds on which he will oppose the objections, and must at the same time deliver a copy of the answers to the party applying for review and to every other party entitled to be heard on the taxation under rule 6(8).
19.—(1) A review following an application under rule 18 shall be conducted by a registrar and, where the taxation was conducted by a registrar, that registrar may review it. (2) On a hearing of a review, the registrar may receive further evidence and may exercise all the powers which he might exercise on an original taxation, including the power to award costs of the proceedings before him; and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs. (3) On a hearing of a review, a party to whom a copy of objections was delivered under rule 18(3) shall be entitled to be heard in respect of all or any of the objections notwithstanding that he did not deliver written answers to the objections under paragraph (4) of that rule. (4) When the registrar gives his decision after he has conducted a review under this rule he shall, if requested to do so by any party to the proceedings before him, state in the certificate or otherwise in writing by reference to the objections the reasons for his decision on the review, and any special facts or circumstances relevant to it. (5) A request under paragraph (4) must be made within 14 days after the review or such other period as may be fixed by the registrar.
20.—(1) Any party who is dissatisfied with the decision of a registrar on a review under rule 19 may apply to a judge for an order to review that decision either in whole or in part, provided that one of the parties to the taxation proceedings has requested that registrar to state the reasons for his decision in accordance with paragraph (4) of that rule. (2) An application under this rule may be made at any time within 14 days after the registrar has issued a certificate in accordance with rule 19(4). (3) An application under this rule shall be made by summons or, in the case of proceedings in a divorce county court or proceedings in the divorce registry which are treated as pending in a divorce county court, on notice, and shall, unless the judge thinks fit to adjourn it into court, be heard in chambers. (4) Unless the judge otherwise directs, no further evidence shall be received on the hearing of an application under this rule, and no ground of objection shall be raised which was not raised on the review by the registrar but, save as aforesaid, on the hearing of any such application the judge may exercise all such powers and discretion as are vested in the registrar in relation to the subject matter of the application. (5) If the judge thinks fit to exercise in relation to an application under this rule the power of the court to appoint assessors under section 70 of the Supreme Court Act 1981[15] or section 63 of the County Courts Act 1984[16], the judge shall appoint not less than two assessors, of whom one shall be a registrar and one a practising solicitor. (6) On an application under this rule the judge may make such order as the circumstances may require and in particular may order the registrar's certificate to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another registrar for taxation.
21. For the purposes of these Rules, paragraph 4 of Schedule 2 to the Act of 1974 (remuneration of persons giving legal aid under Part I of the Act) shall be amended as follows—
22. Paragraphs 1 to 4 of Schedule 2 to the Act of 1974[17] and section 74(3) of the Solicitors Act 1974 shall apply to matrimonial proceedings in the divorce registry which are treated as pending in a divorce county court.
23. Where part of any matrimonial proceedings has taken place in the High Court, whether before or after the coming into force of these Rules, nothing in these Rules or in section 45 of the County Courts Act 1984 shall authorise the costs of that part of the proceedings to be awarded or taxed on any of the county court scales.
24. Subject to the provisions of rule 1, the following Rules are revoked—
Notes: [1] 1973 c. 18; section 50 was amended by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), section 6(2), by the Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), section 26(2), Schedule, by the Children Act 1975 (c. 72), section 108, Schedule 3 paragraph 79, by the Administration of Justice Act 1977 (c. 38), Schedule 5 Part VI, by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 89, Schedule 2 paragraph 40, by the Matrimonial Homes Act 1983 (c. 19), Schedule 2, by the County Courts Act 1984 (c. 28), section 148, Schedule 2 Part V paragraph 44, and by the Family Law Act 1986 (c. 55), sections 64, 68, Schedule 1 paragraph 15. back [6] Section 43 was amended by the Child Care Act 1980 (c. 5), section 89, Schedule 5 paragraph 34, Schedule 6, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2 paragraph 20, by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 3, by the Local Government Act 1985 (c. 51), Schedule 17 and (as from a day to be appointed) by the Children and Young Persons (Amendment) Act 1986 (c. 28), section 1(3). back [7] Section 44 was amended by the Children Act 1975 (c. 72), section 108, Schedule 3 paragraph 78, by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 3 and by the Local Government Act 1985 (c. 51), Schedule 17. back [8] S.I. 1977/344; rule 48(4) was amended by S.I. 1978/527. back [11] S.I. 1965/1776. R.S.C. Order 62 was amended by S.I. 1986/632, and C.C.R. Order 38, which applies R.S.C. Order 62 to proceedings in county courts, was amended by S.I. 1986/636. Both amending instruments came into force on 28th April 1986, subject to transitional provisions for matrimonial proceedings. R.S.C. Order 62 has subsequently been amended by S.I. 1987/1423; C.C.R. Order 38 has been amended by S.I. 1983/1716, 1984/878, 1986/636, 1987/493, 1397 and 1988/278, 897. back [14] Section 87 is amended as from a day to be appointed by the Administration of Justice Act 1985 (c. 61), section 69, Schedule 1 paragraph 12(a). back [17] Schedule 2 paragraphs 1 and 2 were amended by S.I. 1987/2098. back |
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1988 | Prepared 20th September 2000 |