(1) A person applying for a costs assessment must apply to the relevant court.
(2) The application must—(a) be in the approved form; and(b) state the names of any persons to whom notice must be given under the Legal Profession Act 2007 , section 339 (1) ; and(c) if practicable—(i) nominate a particular costs assessor for the assessment; and(ii) state the applicable hourly rate of the nominated costs assessor; and(d) be accompanied by the following—(i) an affidavit;(ii) if applicable, the nominated costs assessor’s consent to appointment to carry out the costs assessment and confirmation that, if appointed, there would be no conflict of interest;(iii) the prescribed fee.
(3) If the applicant has an itemised bill for all of the costs to be assessed under the application, a copy of the itemised bill must be an exhibit to the affidavit.
(4) If the applicant does not have an itemised bill for all of the costs to be assessed under the application, the best information the applicant has as to the costs to be assessed must be included in the affidavit.
(5) The affidavit must also—(a) state whether the applicant disputes or requires assessment of all or what part of the costs; and(b) if the applicant disputes all or part of the costs, state the grounds on which the applicant disputes the amount of the costs or liability to pay them.