The Judicial Committee (Devolution Issues) Rules (Amendment) Order 2005

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     " 5.39  - (1) All bills of costs under the orders of the Judicial Committee shall be taxed by the Registrar, or such other person as the Judicial Committee may appoint.

    (2) The amount of costs which a party shall be entitled to recover shall be the amount allowed after taxation on the standard basis unless the Judicial Committee has expressly awarded costs on the indemnity basis.

    (3) In no case will costs be allowed which have been unreasonably incurred or are unreasonable in amount.

    (4) On a taxation on the standard basis costs will only be allowed if they are reasonable and proportionate to the matters in issue and any doubt as to whether costs were reasonably incurred or are reasonable and proportionate in amount shall be resolved in favour of the party against whom the award of costs has been made ("the paying party").

    (5) On a taxation on the indemnity basis, any doubt as to whether costs were reasonably incurred or are reasonable in amount shall be resolved in favour of the party to whom costs have been awarded ("the receiving party").

     5.39A  - (1) The Registrar shall, as soon as possible after the Judicial Committee have given their decision as to the costs of an appeal, petition or other matter, issue to the receiving party an order to tax and a notice requiring him within three months of the date of the notice (or such other period as the Registrar may specify) to lodge his bill of costs and serve a copy on the paying party; and the Registrar shall send a copy of the order and notice to the paying party.

    (2) Together with the bill of costs the receiving party shall lodge counsel's receipted fee notes and written evidence of any other disbursement that is claimed and that exceeds £250.

    (3) Within 21 days after service of the bill upon him, the paying party may lodge points of dispute, to which the receiving party may lodge a response.

    (4) As soon as possible after the expiry of 21 days after the bill of costs has been lodged the Registrar shall issue a notice to all parties specifying the day and hour appointed by him for taxation.

    (5) A copy of every document lodged by a party under this rule must at the same time be served on the opposite party, and the Registry must be notified in writing that such service has been effected.

     5.39B  - (1) Any party who is dissatisfied with all or part of a taxation may within 14 days after the taxation appeal to the Judicial Committee by lodging a petition setting out the items objected to and stating concisely in each case the nature and grounds of the objections.

    (2) Any party to whom a copy of the petition is delivered may within 14 days after such delivery lodge a response to the grounds of appeal stating concisely the reasons why they are opposed.

    (3) A petition lodged under paragraph (1) above and a response lodged under paragraph (2) above must be served on all other parties who attended the taxation and on any other party to whom the Registrar directs that a copy should be delivered.

    (4) The petition shall in the first instance be considered by a Board of the Judicial Committee which may - 


(a) allow or dismiss the appeal without a hearing;

(b) invite any or all of the parties to lodge submissions or further submissions in writing on such matters connected with the appeal as may be specified;

(c) direct that the appeal be referred for an oral hearing.".

A. K. Galloway
Clerk of the Privy Council

[2] 1998 c. 38.back

[3] 1998 c. 47.back

[4] S.I. 1999/665, Schedule, amended by S.I. 2003/1880.back