PD-2014-05 - Practice Direction No 5 of 2014 - (Court Fees (Amendment) (No. 3) Rules 2013) (SL 5 of 2014)

dated 10 February, 2014. THE PRACTICE DIRECTION NO. 5 OF 2014 (COURT FEES (AMENDMENT) (NO. 3) RULES 2013) Page 1 of 3 PRACTICE DIRECTION NO. 5 OF 2014 (Court Fees (Amendment) (No. 3) Rules 2013)

Where, in accordance with the Court Fees Rules 2009, Rule 3(10) (as amended), the Grand Court or the Court of Appeal authorises a bill to be taxed by a person other than the Clerk of the Court, the taxing officer shall be a person appointed as such and listed within Schedule 1 to this Practice Direction (as amended from time to time).

In determining whether to make that authorisation, the Court may consider whether the taxation can thereby be dealt with more expeditiously taking account of the amount of the bill and the complexity of the taxation.

The Court having made a direction in accordance with Rule 3(10), the allocation to a particular taxing officer will be made by the Clerk of Court also taking into account the likely nature and complexity of the taxation and any potential for a conflict of interest between any of the taxing officers and any of the parties involved in the taxation.

Where the Court has made a direction in accordance with Rule 3(10) any of the parties to the taxation may make representations to the Clerk of the Court regarding any potential conflict of interests with any of the taxing officers listed in Schedule 1 at any time up to 7 days after the lodging of the bill for taxation.

The Clerk of Court will allocate a taxation to a taxing officer within 10 days of the lodging of the bill for taxation and will notify the parties of the identity of the taxing officer and the fees that are payable under paragraph 5(2)(a) of Part C of the First Schedule to the Rules. No taxation will commence until the fees payable have been received.

Where fees are payable in accordance with paragraph 5(2)(b), the parties will be notified by the Clerk of Court of the amount payable within 7 days Page 2 of 3 of the receipt by the Clerk of Court of the taxed bill. The certificate will not be issued until these fees are paid.

Where appropriate in a particular case, the Clerk of Court may delegate the functions described under paragraphs 3- 6 to a Deputy Clerk of Court or to the Registrar of the Court of Appeal. Dated this 17th day of January 2014 The Hon. Anthony Smellie Q.C. Chief Justice Page 3 of 3 Schedule 1 TAXING OFFICERS APPOINTED BY THE CHIEF JUSTICE (Grand Court Rules, Order 62 r. 3(1)) December 2013 Mrs. Delene Cacho (Legal Aid and general civil cases) January 2014 Mrs. Eileen Nervik Q.C. Huw Moses O.B.E. William Helfrecht Derek Jones