Failure to serve electronic bill of costs
PD 47 para.5.1 requires an electronic bill of costs for any work undertaken after 6 April 2018 where the claim is a Part 7 multi-track claim.
The Practice Direction contains no sanction for failing to comply with this requirement.
CPR 44.11 provides:
“(1) The court may make an order under this rule where –
(a) a party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order;
(2) Where paragraph (1) applies, the court may –
(a) disallow all or part of the costs which are being assessed”
There appear to be a number options open to the Court where there is a failure to comply with PD 47 para.5.1, including:
- Tutting and proceeding with the assessment regardless.
- Refusing to proceed with the assessment until a compliant electronic bill (and amended paper bill) is served/filed.
- Making an unless order requiring a compliant electronic bill (and amended paper bill) to be served/filed by a certain date failing which all costs will be disallowed.
- Disallowing any post-6 April 2018 work (which may not be straightforward where the bill does not clearly identity all such work).
- Making a percentage reduction to the bill (perhaps roughly reflecting the proportion of post-6 April 2018 work claimed).
- Disallowing all costs.