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Can costs draftsmen sign points of dispute? asks Stephen Boyd

18 April 2003

The Part 47 Practice Direction to the Civil Procedure Rules (47 PD 8. 35.3) provides among other things: “Points of dispute must … (4) be signed by the party serving them or his solicitor”. This raises two questions:
  • Does ‘solicitor’ in this context encompass a costs draftsman?
  • Is a costs draftsman entitled to sign points of dispute on behalf of a ‘solicitor’? Does ‘solicitor’ encompass a costs draftsman? The Practice Direction to Pt 43, which supplements Pts 43 to 48, provides, in so far as relevant: ‘In these Directions: … 1.4 ‘Solicitor’ means a solicitor of the Supreme Court or other person with a right of audience in relation to proceedings, who is conducting the claim or defence (as the case may be) on behalf of a party to the proceedings and, where the context admits, includes a patent agent. 1.5 In respect of any document which is required by these Directions to be signed by a party or his legal representative t...
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