Costs between the Parties in the Crown Court
Determinations under the Criminal Procedure Rules
Inter partes costs orders in the Crown Court (for example arising out of licensing appeals) previously conducted under the Crown Court Rules are now conducted pursuant to part 78 of the Criminal Procedure Rules 2005.
Rule 78.3(1) provides that where the Crown Court has made a costs order between the parties, and has not specified an amount, the amount of the costs to be paid shall be ascertained as soon as practicable by the taxing authority. The rules further provide for a scheme of review by the taxing authority, further review by the Costs Judge, and upon certification by the Costs Judge of a point of principle of general importance, appeal to a judge of the High Court.
The usual procedure in such determinations is for the claimant party to lodge a copy of the claim for costs with the taxing authority at the same time serving a copy on the paying party. The determining officer will then fix a time limit for objections to be served by the paying party on the taxing authority and the claimant, and may if appropriate organise an oral hearing for both parties to be heard.
Enquiries about the procedure in such matters should be referred to the appropriate office of the National Taxing Team.
In the case of HM Revenue & Customs v Viewtopia Ltd [2006] 2CostsLR 344, it was decided by the Costs Judge that the assesment of inter partes costs in the Crown Court be they civil or criminal in nature, had not been assimilated into the regime of the Civil Procedure Rules and remain a self-contained code of asessment.
Where the costs order made by the court relates to proceedings under the Crown Court (Confiscation, Restraint and Procedure) Rules 2003 the determining officer will have regard to the special provisions relating to costs in such proceedings at parts 50 to 53 of those rules.
Ammendment to the Criminal Procedure creates new Part 76 effective 5th October 2009
On 5th October 2009 the eigth amendment of the Criminal Procedure Rules will come into effect creating a new Part 76. This new part is the product of the Criminal Procedure Rules Committee's consultation on its proposals to consolidate and revise the rules about costs which closed in January 2009.
The current arrangements are contained in Parts 61 and 78 of the Criminal Procedure Rules 2005 and set out in other legislation, practice directions and case law. The new rules will replace the current Parts 76 to 78.
The new Part 76 revises and simplifies the rules about applications for costs orders. These replace the existing rules in Part 78 and deal with applications for all the costs order that criminal courts can make. The former Parts 76 and 77 were designated for rules about Representation Orders and Recovery of Defence Costs Orders and these have now been excluded from the new Part 76 rules as they are not procedural matters. In view of their length, the rules are divided into five main sections. They comprise a general section; a section on costs out of central funds; a section on payment of costs by one party to another; other costs orders; and assessment of costs. The introduction of the ‘section’ arrangement is intended to help users locate more quickly the particular information they need.
The rule change is effected by The Criminal Procedure (Amendment) Rules 2009 and the new part 76 is contained in schedule 7.
Inter partes determination is now ordered under rule 76.6 and the determination is carried out by a determining officer of the NTT under rule 76.11, and the appeal process in set out in rule 76.12.
The new Rules will not appear on the Criminal Procedure Rule home page until the date of commencement.