Costs between the Parties in the Crown Court

Determinations under the Criminal Procedure Rules 2005

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.