Taxation of costs
Encyclopedia
Taxation of costs, now known as Detailed Assessment in English law following the Civil Procedure Act 1998, is a ministerial function performed by a court
upon the resolution of case. It involves entering the various costs and their amounts against the party (either the Claimant or Defendant
) against whom those costs have been awarded by the court. The itemisation of costs or the subsequent determination of the costs that should be allowed is not a determination of the outcome of the litigation.
In early common law
costs were unknown, but as early as 1278 an English statute was passed whereby costs could be awarded to the prevailing party (Brown v. Consolidated Fisheries Co., 18 F.R.D. 433).
Such costs can include items such as witness
fees, mileage and subsistence, marshal's fees, attorney's and other docket fees, and a reporter's
charge for transcript
.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
upon the resolution of case. It involves entering the various costs and their amounts against the party (either the Claimant or Defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
) against whom those costs have been awarded by the court. The itemisation of costs or the subsequent determination of the costs that should be allowed is not a determination of the outcome of the litigation.
In early common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
costs were unknown, but as early as 1278 an English statute was passed whereby costs could be awarded to the prevailing party (Brown v. Consolidated Fisheries Co., 18 F.R.D. 433).
Such costs can include items such as witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
fees, mileage and subsistence, marshal's fees, attorney's and other docket fees, and a reporter's
Court reporter
A court reporter, stenotype reporter, voice writing reporter, or transcriber is a person whose occupation is to transcribe spoken or recorded speech into written form, using machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions and other...
charge for transcript
Transcript (law)
A transcript is a written record of spoken language. In court proceedings, a transcript is usually a record of all decisions of the judge, and the spoken arguments by the litigants' lawyers. A related term used in the US is docket, not a full transcript. The transcript is expected to be an exact...
.