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As indicated in the Interim Report, rules guiding the exercise of discretion in relation
to taxation hearings (called "detailed assessments") have been introduced as part of
the CPR. Rules along the following lines ought to be adopted in Hong Kong, with
suitable changes :-
"CPR 44.14 Court's powers in relation to misconduct
(1)
The court may make an order under this rule where—
(a)
a party or his legal representative, in connection with a summary or detailed
assessment, fails to comply with a rule, practice direction or court order; or
(b)
it appears to the court that the conduct of a party or his legal representative,
before or during the proceedings which gave rise to the assessment
proceedings, was unreasonable or improper.
(2)
Where paragraph (1) applies, the court may—
(a)
disallow all or part of the costs which are being assessed; or
(b)
order the party at fault or his legal representative to pay costs which he has
caused any other party to incur.
CPR 47.18 Liability for costs of detailed assessment proceedings
(1)
The receiving party is entitled to his costs of the detailed assessment proceedings
except where—
(a)
the provisions of any Act, any of these Rules or any relevant practice direction
provide otherwise; or
(b)
the court makes some other order in relation to all or part of the costs of the
detailed assessment proceedings.
(2)
In deciding whether to make some other order, the court must have regard to all the
circumstances, including—
(a)
the conduct of all the parties;
(b)
the amount, if any, by which the bill of costs has been reduced; and
(c)
whether it was reasonable for a party to claim the costs of a particular item or
to dispute that item.
Rules or practice directions, backed by flexible costs
sanctions, should be introduced 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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