The Civil Procedure Rules 1998

3.20.—(1) An application for a costs capping order must be made on notice in accordance with Part 23.

(2) The application notice must –

(a)set out –

(i)whether the costs capping order is in respect of the whole of the litigation or a particular issue which is ordered to be tried separately; and

(ii)why a costs capping order should be made; and

(b)be accompanied by a budget setting out –

(i)the costs (and disbursements) incurred by the applicant to date; and

(ii)the costs (and disbursements) which the applicant is likely to incur in the future conduct of the proceedings.

(3) The court may give directions for the determination of the application and such directions may –

(a)direct any party to the proceedings –

(i)to file a schedule of costs in the form set out in paragraph 3 of Practice Direction [F23E] – Costs capping;

(ii)to file written submissions on all or any part of the issues arising;

(b)fix the date and time estimate of the hearing of the application;

(c)indicate whether the judge hearing the application will sit with an assessor at the hearing of the application; and

(d)include any further directions as the court sees fit.]

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