District Judge Margaret Langley looks at the scheme for regional costs judges, launched earlier this month
Costs are important to practitioners. With substantial sums at stake in detailed assessments, they should be dealt with in a consistent way. This has led to an important new initiative by the Association of District Judges, which is supported by the Lord Chancellor and members of the senior judiciary.
From 14 November 2005, the scheme for regional costs judges was launched. This provides for some District Judges to be appointed as regional costs judges and for them to hear the detailed assessment of bills of costs that fall within the criteria of the scheme, at a venue that is convenient to the parties and their legal representatives.
The regional costs judges have now been appointed. They are all authorised to sit in both the county court and the District Registry of the High Court. There is none in London, as all detailed assessments in the 19 county courts in the London group of county courts are required to be commenced in the Supreme Court Costs Office, under the practice direction to part 47 of the Civil Procedure Rules (CPR).
Regional costs judges have been appointed on all circuits outside London, and a list of them is set out here (see below), together with their main court.
Arrangements have been made as to the division of the work between each of the regional costs judges, and each court will have a list of the courts covered by them. These arrangements are for guidance only and are not intended to be prescriptive.
If it appears that there is an imbalance of work between regional costs judges, especially on the same circuit, the distribution of detailed assessments between them may be varied. The number of regional costs judges is not fixed and it may be that more will be appointed in the future, where there is a need either because of geographical location or volume of work. All regional costs judges will be required to attend an annual seminar at the Supreme Court Costs Office, by way of additional training.
After each detailed assessment by a regional costs judge, they will file a report form with the scheme co-ordinator for record purposes.
The criteria for a detailed assessment to be referred to a regional costs judge are that: the time estimate for the detailed assessment exceeds one day; and/or the sum claimed exceeds £50,000; and/or complex arguments on points of law or an issue affecting a group of similar cases are identified in the points of dispute or the reply, or are referred to in argument at a detailed assessment hearing.
The procedure will be that once a request for detailed assessment in form N258 has been filed at court, with the points of dispute and reply (if any), the bill will be referred to a District Judge who will consider whether it falls within the criteria for reference to a regional costs judge. If it does, the bill will be referred to the appropriate regional costs judge who will then decide whether to accept it and will give any directions required, including those as to listing. This will include directions as to the venue of the detailed assessment hearing, as the court retains its discretion to order that a particular hearing should take place in another court without ordering a transfer to that court (see part 30.6 of the Civil Procedure Rules).
The advantage of this procedure is that the parties can continue to make any enquires they wish at the originating court, but the actual hearing may take place at a court that is more convenient to them than the main court of the regional costs judge. It is envisaged that the regional costs judges will, on occasion and at their complete discretion, travel to another court that is more convenient to the parties to hear the detailed assessment.
If any party wishes to make any submissions as to whether any particular detailed assessment fulfils the criteria for reference to a regional costs judge, or as to the most convenient court for any hearing before a regional costs judge, it is hoped that they will firstly consult the other parties or their legal representatives before making submissions to the court. It would be helpful to the regional costs judges if these submissions could be filed when the request for commencement of detailed assessment (form N258) is lodged, as this will avoid delay and mean the regional costs judge has all the submissions and information required to make any directions that are required without delay. If possible, the parties should attempt to agree the reference to the regional costs judge, any directions and the most convenient venue.
If the regional costs judge decides that a directions hearing is necessary, this may well be suitable for a telephone hearing, if the parties so agree and they are legally represented. Issues as to the appropriate venue or time estimate are particularly appropriate to be dealt with in this way.
The existence of the scheme for regional costs judges does not remove the option for the transfer of appropriate detailed assessments to the Supreme Court Costs Office, or the possibility of a costs judge from the Supreme Court Costs Office travelling out of London to hear a particular detailed assessment, but it is hoped that the need for this will be very largely reduced.
District Judge Margaret Langley, co-ordinator of the regional costs judges scheme, sits at Central London County Court and as a deputy costs judge in the Supreme Court Costs Office
Regional costs judges and their main County Courts
Northern Circuit
District Judge Duerden - Bury
District Judge Heyworth - Burnley
District Judge Park - Carlisle
District Judge Smedley - Liverpool
District Judge Turner - Blackpool
North-Eastern Circuit
District Judge Besford - Hull
District Judge Hill - Scarborough
District Judge Spencer - Leeds
Midland Circuit
District Judge Mackenzie - Worcester
District Judge Middleton - Birmingham
District Judge Millard - Nottingham
Wales and Chester Circuit
District Judge Davies - Carmarthen
District Judge Evans - Newport
District Judge Wallace - Macclesfield
Western Circuit
District Judge Dancey - Bournemouth
District Judge James - Aldershot & Farnham
District Judge Wainwright - Exeter
South-Eastern (North) Circuit
District Judge Bazley-White - Ipswich
District Judge Sparrow - Norwich
District Judge Pearl - Watford
South-East (South) Circuit
District Judge Lethem - Tunbridge Wells
District Judge Matthews - Oxford
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