- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/08/2009)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/10/2009
Point in time view as at 31/08/2009. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 44.12A.
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44.12A—(1) This rule sets out a procedure which may be followed 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
[F2(c)F3..., no proceedings have been started.]
F4(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5...
(2) Either party to the agreement may start proceedings under this rule by issuing a claim form in accordance with Part 8.
(3) The claim form must contain or be accompanied by the agreement or confirmation.
(4) [F6Except as provided in paragraph (4A), in] proceedings to which this rule applies the court—
(a)may
(i)make an order for costs [F7to be determined by detailed assessment]; or
(ii)dismiss the claim;
and
(b)must dismiss the claim if it is opposed.
[F8(4A) In proceedings to which Section II of Part 45 applies, the court shall assess the costs in the manner set out in that Section.]
(5) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule. (Rule 7.2 provides that proceedings are started when the court issues a claim form at the request of the claimant)
(Rule 8.1(6) provides that a practice direction may modify the Part 8 procedure)]
Textual Amendments
F1Rule 44.12A inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 17 (with rule 39)
F2Rule 44.12A(1)(c) substituted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 11(a)
F3Words in rule 44.12A(1)(c) omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 8(a)
F4Rule 44.12A(1A) omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 8(b)
F5Words in rule 44.12A omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 8(c)
F6Words in rule 44.12A(4) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 11(c)
F7Words in rule 44.12A(4)(a)(i) inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 14
F8Rule 44.12A(4A) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 11(d)
Modifications etc. (not altering text)
C1Pt. 44 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
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