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Change 1
As published
72 Supplementary provisions as to assessments.
(1) Every application for an order for the assessment of a solicitor’s bill or for the delivery of a solicitor’s bill and for the delivery up by a solicitor of any documents in his possession, custody or power shall be made in the matter of that solicitor.
(2) Where a costs officer is in the course of assessing a bill of costs, he may request the costs officer of any other court to assist him in assessing any part of the bill, and the costs officer so requested shall assess that part of the bill and shall return the bill with his opinion on it to the costs officer making the request.
(3) Where a request is made as mentioned in subsection (2), the costs officer who is requested to assess part of a bill shall have such powers, and may take such fees, in respect of that part of the bill, as he would have or be entitled to take if he were assessing that part of the bill in pursuance of an order of the court of which he is an officer; and the costs officer who made the request shall not take any fee in respect of that part of the bill.
(4) The certificate of the costs officer by whom any bill has been assessed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered by it, and the court may make such order in relation to the certificate as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.
Your change, as a redline
72 Supplementary provisions as to assessments.
(1) Every application for an order for the assessment of a solicitor’s bill or for the delivery of a solicitor’s bill and for the delivery up by a solicitor of any documents in his possession, custody or power shall be made in the matter of that solicitor.
(2) Where a costs officer is in the course of assessing a bill of costs, he may request the costs officer of any other court to assist him in assessing any part of the bill, and the costs officer so requested shall assess that part of the bill and shall return the bill with his opinion on it to the costs officer making the request.
(3) Where a request is made as mentioned in subsection (2), the costs officer who is requested to assess part of a bill shall have such powers, and may take such fees, in respect of that part of the bill, as he would have or be entitled to take if he were assessing that part of the bill in pursuance of an order of the court of which he is an officer; and the costs officer who made the request shall not take any fee in respect of that part of the bill.
(4) The certificate of the costs officer by whom any bill has been assessed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered by it, and the court may make such order in relation to the certificate as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.
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