Costs of taxation
63.34 Costs of taxation
(1) Costs to be taxed under these Rules include the costs of the taxation.
(2) Costs to be taxed under a judgment, unless the judgment otherwise provides, include the costs of the taxation.
(3) After service of a summons under rule 63.36 for the taxation of costs, the party entitled to costs and the party liable for them may serve on each other an offer of compromise in respect of the amount of the costs to be taxed.
(4) Subject to this rule and to an order of the Court, the Taxing Master may make orders for the costs of a taxation.
(5) On the taxation of a bill of costs the Taxing Master may refuse to allow to the solicitor who filed the bill the amount, or any part of the amount, claimed in the bill in respect of the taxation if:
(a) the amount of professional charges contained in the bill is reduced by 20% or more on the taxation; or
(b) a reasonable offer of compromise was made under this rule but not accepted; or
(c) the Master otherwise thinks it equitable in the circumstances.
(6) In addition, if on the taxation of a bill of costs the amount of professional charges contained in the bill is reduced by 20% or more, the Taxing Master may direct the solicitor who filed the bill to personally pay the costs of attending the taxation incurred by a party who:
(a) appeared on the taxation;
and
(b) in the opinion of the
Taxing Master, had a right to appear.
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