The defendant costs specialists

Amending a bill of costs

By on Apr 14, 2014 | 3 comments

PD 47 para.13.10 allows a party to vary their bill:

“(1) If a party wishes to vary that party’s bill of costs, points of dispute or a reply, an amended or supplementary document must be filed with the court and copies of it must be served on all other relevant parties.

(2) Permission is not required to vary a bill of costs, points of dispute or a reply but the court may disallow the variation or permit it only upon conditions, including conditions as to the payment of any costs caused or wasted by the variation.”

It is in the court’s discretion as to whether to disallow the variation. For a case proceeding to a detailed assessment hearing this is straightforward enough. The court can rule on this issue, if it is contentious, at the start of the hearing.

But what about a case going to provisional assessment? Does that require an application is advance of the provisional assessment, despite permission not being required to make the variation itself? Will the court even know there has been a variation if only the amended bill is filed with the court?

    3 Comments

  1. I’ve had this issue several times – I point out the bill is defective in what it claims, even to the extent of breaching the Indemnity Principle.
    Claimant firm then serves an “amended bill” (they always fail to lodge it at court, thus making their actions further defective), then applies for PA using only the amended bill
    Applications follow

    The Rules should be amended to make it that application for leave MUST be made – imagine the situation where PoC or a Defence was amended without leave??

    Anonymous

    14th April 2014

  2. hi can you serve an amended bill after costs have settled?

    anon

    21st September 2015

  3. No

    Anonymous

    23rd September 2015

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