C1F1PART 46COSTS –SPECIAL CASES
Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
SECTION IVCosts-only Proceedings
Costs-only proceedings46.14
1
This rule applies where—
a
the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but
b
they have failed to agree the amount of those costs; and
c
no proceedings have been started.
F21A
This rule does not apply to a dispute to which the procedure under section 10 of Practice Direction 27B applies.
2
Where this rule applies, the procedure set out in this rule must be followed.
3
Proceedings under this rule are commenced by issuing a claim form in accordance with Part 8.
4
The claim form must contain or be accompanied by the agreement or confirmation.
5
In proceedings to which this rule applies the court may make an order for the payment of costs the amount of which is to be determined by assessment and/or, where appropriate, for the payment of fixed costs.
6
Where this rule applies but the procedure set out in this rule has not been followed by a party—
a
that party will not be allowed costs greater than those that would have been allowed to that party had the procedure been followed; and
b
the court may award the other party the costs of the proceedings up to the point where an order for the payment of costs is made.
7
Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule.
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)