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A provision in the 1st Schedule to Order 62 lays down an anomalously generous
criterion for the acceptance of counsel's fees on a party and party taxation. The
Working Party recommends its deletion so that such fees are taxed in accordance with
the usual party and party approach.
It is also recommended that sanctioned offers and payments be applicable to the costs
of undertaking inter-partes taxations, except in cases involving legally-aided parties.
The Working Party supports the proposal that the court should have a discretion to
conduct provisional taxations on the papers, with any party dissatisfied with the award
being entitled to require an oral taxation hearing, but subject to possible costs
sanctions if he fails to do materially better at the hearing.
The Working Party also supports introduction of rules or practice directions, backed
by flexible costs sanctions, requiring the parties to a taxation to file documents in
prescribed form, with bills of costs supported by and cross-referenced to taxation
bundles and objections to items in such bills taken on clearly stated grounds.
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