Although this appeal from Lindsay J sitting with two assessors is a second appeal and, moreover, relates only to the assessment of costs, permission to appeal has been granted so that this court can give some guidance as to how the discretion vested in the costs judge by CPR 44.14(2)(a) should be exercised. CPR 44.14 is contained in the Part entitled "General Rules about Costs" and is headed "Court's powers in relation to misconduct". It provides that in certain circumstances, the court may disallow all or part of the costs which are being assessed. The Part (Part 47) dealing with the "Procedure for Detailed Assessment of Costs" provides for detailed assessment proceedings to be begun within 3 months of the judgment by which such costs were ordered to be assessed and that, if the receiving party does not do so, the court may disallow all or part of the interest otherwise payable to the receiving party, but must not impose any other sanction except in accordance with rule 44.14. It is the inter-relationship between rule 44.14 and rule 47.8 that lies at the heart of this appeal. It is said that the rules have received different interpretations from different judges at first instance.

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