Citation, Commencement, Application And The Overriding Objective
Interpretation
Organisation Of The Court
The Court’s Case Management Powers
Forms
Court Documents
How To Start Proceedings — The Claim Form
Alternative Procedure For Claims
Service
Responding To Particulars Of Claim — General
Acknowledgment Of Service
Disputing The Court’s Jurisdiction
Default Judgment
Setting Aside Or Varying Default Judgment
Admissions
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Statements Of Case
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Further Information
Addition And Substitution Of Parties
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Statements Of Truth
General Rules About Applications For Court Orders
Immediate Judgment
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Alternative Dispute Resolution
Production Of Documents
Evidence
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
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Discontinuance
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Fixed Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
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AMENDED Appeals
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General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Interpleader
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Small Claims Tribunal
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Insolvency Proceedings
Probate Rules
Technology And Construction Division
Non-Muslim Wills Registry
The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings. However the Court may order them to be assessed immediately.
Detailed assessment is not stayed pending an appeal unless the Court so orders.
The Registrar or a judicial officer of the Court appointed for the purpose by the Chief Justice under Article 14 of the Court Law (referred to as “an authorised Court Officer ” in this Part) has all the powers of the Court when making a detailed assessment, except:
(1) power to make a wasted costs order;
(2) power to make an order under:
(a) Rule 38.60 (powers in relation to misconduct); and
(b) Rule 40.12 (sanction for delay in commencing detailed assessment proceedings).
This section of Part 40 applies where the Registrar is to make a detailed assessment of costs which are payable by one party to another.
Detailed assessment proceedings are commenced by the receiving party serving on the paying party :
(1) notice of commencement in Form P40/01; and
(2) a copy of the bill of costs.
The receiving party must also serve a copy of the notice of commencement and the bill on any other relevant person including:
(1) any person who has taken part in the proceedings which gave rise to the assessment and who is directly liable under an order for costs made against him;
(2) any person who has given to the receiving party notice in writing that he has a financial interest in the outcome of the assessment and wishes to be a party accordingly; and/or
(3) any other person whom the Court orders to be treated as such.
Where a party is unsure whether a person is or is not a relevant person, that party may apply to the appropriate office for directions.
The following table shows the period for commencing detailed assessment proceedings.
| Source of right to detailed assessment | Time by which detailed assessment proceedings must be commenced |
| Judgment, direction, order, award or other determination | 3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay |
| Discontinuance under Part 34 | 3 months after the date of service of notice of discontinuance under Rule 34.6; or 3 months after the date of the dismissal of application to set the notice of discontinuance aside under Rule 34.10 |
| Acceptance of an offer to settle | 3 months after the date when the right to costs arose |
Where the receiving party fails to commence detailed assessment proceedings within the period specified:
(1) in Rule 40.10; or
(2) by any direction of the Court ;
the paying party may apply for an order requiring the receiving party to commence detailed assessment proceedings within such time as the Court may specify.
On an application under Rule 40.11, the Court may direct that, unless the receiving party commences detailed assessment proceedings within the time specified by the Court , all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.
If:
(1) the paying party has not made an application in accordance with Rule 40.11; and
(2) the receiving party commences the proceedings later than the period specified in Rule 40.10;
the Court may disallow all or part of the interest otherwise payable to the receiving party under Article 39 of the Court Law, No. 10 of 2004 but must not impose any other sanction except in accordance with Rule 38.60.
The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on:
(1) the receiving party; and
(2) every other party to the detailed assessment proceedings.
The period for serving points of dispute is 21 days after the date of service of the notice of commencement.
If a party serves points of dispute after the period set out in Rule 40.15, he may not be heard further in the detailed assessment proceedings unless the Court gives permission.
If the paying party and the receiving party agree the amount of costs, either party may apply for a costs certificate (either interim or final) in the amount agreed.
Where the receiving party is permitted by Rule 40.17 to obtain a default costs certificate, he does so by filing a request Form P40/02.
The Court must set aside a default costs certificate if the receiving party was not entitled to it.
In any other case, the Court may set aside or vary a default costs certificate if it appears to the Court that there is some good reason why the detailed assessment proceedings should continue.
Where:
(1) the receiving party has purported to serve the notice of commencement on the paying party ;
(2) a default costs certificate has been issued; and
(3) the receiving party subsequently discovers that the notice of commencement did not reach the paying party at least 21 days before the default costs certificate was issued;
the receiving party must:
(a) file a request for the default costs certificate to be set aside ; or
(b) apply to the Court for directions.
Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing.
He must file the request within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified:
(1) in Rule 40.10; or
(2) by any direction of the Court .
Where the receiving party fails to file a request in accordance with Rule 40.30, the paying party may apply for an order requiring the receiving party to file the request within such time as the Court may specify.
On an application under Rule 40.31, the Court may direct that, unless the receiving party requests a detailed assessment hearing within the time specified by the Court , all or part of the Costs to which the receiving party would otherwise be entitled will be disallowed.
If:
(1) the paying party has not made an application in accordance with Rule 40.31; and
(2) the receiving party files a request for a detailed assessment hearing later than the period specified in Rule 40.30;
the Court may disallow all or part of the interest otherwise payable to the receiving party under Article 39 of the Court Law, No. 10 of 2004 but must not impose any other sanction except in accordance with Rule 38.60.
The Court may at any time after the receiving party has filed a request for a detailed assessment hearing:
(1) issue an interim costs certificate for such sum as it considers appropriate;
(2) amend or cancel an interim certificate.
In Rules 40.40 and 40.41, a completed bill means a bill calculated to show the amount due following the detailed assessment of the costs.
The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.
When a completed bill is filed, the Court will issue a final costs certificate and serve it on the parties to the detailed assessment proceedings.
The receiving party is entitled to his costs of the detailed assessment proceedings except where:
(1) the provisions of any enactment, any of these Rules or any relevant Practice Direction provide otherwise; or
(2) the Court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.
In deciding whether to make some other order, the Court must have regard to all the circumstances, including:
(1) the conduct of all the parties;
(2) the amount, if any, by which the bill of costs has been reduced; and
(3) whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.
Where:
(1) a party (whether the paying party or the receiving party) makes a written offer to settle the costs of the proceedings which gave rise to the assessment proceedings; and
(2) the offer is expressed to be without prejudice save as to the costs of the detailed assessment proceedings, the Court will take the offer into account in deciding who should pay the costs of those proceedings.
An appeal against a decision of an authorised Court Officer in detailed assessment proceedings is to a Judge of the Court of First Instance.
An appeal against a decision of an authorised Court Officer in detailed assessment proceedings should be made in accordance with the provisions of Part 44 of the Rules of Court.
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