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Modified: 14-Apr-2008

Award of appeal costs:

Local Government Act 1972 - section 250(5)

How to apply for a detailed and independent assessment when the amount of an award of costs is dispute

This note is for general guidance only. If you are in any doubt about how to proceed in a particular case, you should seek professional advice.

If the parties cannot agree on the amount of costs to be recovered either party can refer the disputed costs to a Costs Officer or Costs Judge for detailed assessment Footnote 1. This is handled by:

The Supreme Court Costs Office
Cliffords Inn
Fetter Lane
London EC4A 1DQ
DX 44454 Strand
(Tel: 0207 9477124).

But before this can happen you must arrange to have the costs award made what is called an order of the High Court Footnote 2. This is done by writing to:

The Administrative Court Office
Royal Courts of Justice
Strand
London WC2A 2LL

You should refer to section 250(5) of the Local Government Act 1972, and enclose the original of the order of the Secretary of State, or his Inspector, awarding costs. A prepaid return envelope should be enclosed. The High Court order will be returned with guidance about the next steps to be taken in the detailed assessment process.

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Printed in Great Britain by the Planning Inspectorate on recycled paper Sept 2000

1, The detailed assessment process is governed by Part 47 of the Civil Procedure Rules that came into effect on 26 April 1999 . You can buy these Rules from Stationary Office bookshops (formerly HMSO) or look at copies in your local library or council offices .

2, Please note that no interest can be claimed on the costs claimed unless and until a High Court order has been made. Interest will only run from the date of that order.