COSTS JUDGES OF THE SENIOR COURTS (TAXING MASTERS)

Purpose of Office

1. The purpose of judicial office is to administer justice in accordance with the laws of England and Wales.

2. Taxing Masters (Costs Judges) of the Senior Courts of England and Wales (Senior Courts) swear the judicial oath (or affirm) that they "will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the Office of a Costs Judge of the Senior Courts and do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill will".

Jurisdiction

3. Costs Judges sit at the Royal Courts of Justice and the allocation of their work and the regularity of their sittings are under the day-to-day control of the Senior Costs Judge. The statutory title is 'Master'.

4. Costs Judges of the Senior Courts have power to assess the costs of, or arising out of, any cause or matter in the Senior Courts, and/or any other costs the assessment of which is referred to them. They exercise an appellate jurisdiction in respect of costs in criminal proceedings. The jurisdiction of a Costs Judge of the Senior Courts is summarised in the following pages.

5. All Costs Judges are also appointed Deputy District Judges of the County Court and Deputy District Judges of the Principal Registry of the Family Division in order to be able to exercise their jurisdiction to assess costs in county court cases and PRFD cases as required.

6. This job description is intended to describe only the main activities and responsibilities of a Costs Judge.

Main Activities

7. The main duties of a Costs Judge are as follows:

a. Preparing for and hearing detailed assessments

Reading and assimilating papers lodged in respect of detailed assessment (possibly 20 or more boxes), extracting and considering relevant material.

Controlling (in accordance with the relevant law and rules of procedure) the manner in which all assessments and applications are conducted with a view to:

  • ensuring that the parties, whether represented or litigants in person, are enabled to have their cases presented and considered as fully and fairly as possible;
  • promoting in each case the most expeditious dispatch of business compatible with the interests of justice;
  • maintaining the authority and dignity of the proceedings.

Taking a direct role in eliciting the facts and issues from the parties, and from the papers lodged in support of the bill. (Proceedings before the Costs Judge are adversarial save in respect of costs payable by the Legal Aid Agency or out of central funds, when the procedure is inquisitorial.)

Overseeing in liaison with court staff the progress of cases towards assessment and disposal so as to secure the most efficient disposal of business compatible with the interests of justice.

Costs Judges from time to time when nominated by the Senior Costs Judge sit as Assessors with the Judge on Appeals relating to costs, and on applications for security for costs.

The Senior Costs Judge may nominate individual Costs Judges to sit as Costs Officers of the Supreme Court of the United Kingdom and of the Judicial Committee of the Privy Council.

b.Hearing criminal costs appeals

Hearing appeals by defendants against the determination of their claims for costs under defendants’ costs orders and hearing appeals by litigators and advocates against the determination of their fees by the Legal Aid Agency.

c. Applications in the course of proceedings

Hearing Part 8 and interim applications where appropriate, ensuring that directions are given to prepare cases for assessment or for trial of a preliminary point in order that the issues between the parties are identified, and relevant documents and evidence filed; hearing applications for, and if appropriate, granting Interim Certificates; hearing applications to set aside default Costs Certificates.

Hearing and deciding applications under Part III of the Solicitors' Act 1974.

Determining contested applications and other issues by consideration of the papers and evidence (both written and oral) presented at any hearing, and making findings of fact, applying the relevant law and giving a reasoned judgment.

Assessing and awarding costs in respect of all assessments and applications before the Costs Judge, by summary or detailed assessment, taking into account as appropriate anyPart 36 offers orCalderbank offers.

d. Determining applications on paper

Dealing with assessments on a provisional basis in the absence of the parties, by considering the papers and applying the law (and any relevant regulations) to the facts of the case.

Dealing with criminal fee appeals without a hearing at the request of the appellants, by considering the original claim and applying the law and appropriate regulations to the facts of the case.

Deciding assessments by finding facts, applying the relevant law to them and giving a reasoned judgment, including written judgments.

Supervising the wording of Orders and Certificates of the Court.

Exercising the penal jurisdiction in relation to wasted costs, misconduct, neglect and delay.

e. Acting as Sitting Master

All Costs Judges are required on a rota basis to act as Sitting Master, who is available throughout the day to deal with all questions of law and practice which may arise. Queries can range from an enquiry from a member of the Court of Appeal to one from a member of the general public.

Other Responsibilities

Keeping abreast of legal developments

Costs Judges need to keep abreast of all legal developments in all fields of law, since these developments are ultimately reflected in claims for costs. This entails a substantial amount of reading not directly connected with the cases which they are trying.

Costs Judges meet regularly to discuss matters of law and practice, and where major changes in the law take place (for example amendments to the Civil Procedure Rules) prepare and present training courses for colleagues, deputy Costs Judges, Regional Costs Judges and authorised Court Officers. When requested, they also give seminars on costs to Judges of the High Court and Court of Appeal.

Costs Judges are expected to be IT literate and to make the fullest use possible of electronic means of research and communication.

Other Duties

Sitting on Committees (such as the Costs Practitioners' Group, and several others) and, at the request of the Senior Costs Judge, the Civil Procedure RulesCommittee and sub-committees and working groups of all three rules committees.

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