The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 48 E+W COSTS—SPECIAL CASES

Modifications etc. (not altering text)

C1 Pt. 48 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C2 Pt. 48 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

C3 Pt. 48 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS E+W

Costs where money is payable by or to a child or patient E+W

48.5—(1) This rule applies to any proceedings where a party is a child or patient and—

(a) money is ordered or agreed to be paid to, or for the benefit of, that party; or

(b) money is ordered to be paid by him or on his behalf.

(“Child” and “patient” are defined in rule 2.3)

(2) The general rule is that—

(a) the court must order a detailed assessment of the costs payable by [F1 , or out of money belonging to,] any party who is a child or patient F2 ...; and

[F3 (b) on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—

(i) the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii) the costs are payable in proceedings to which Section II of Part 45 applies.]

(3) The court need not order detailed assessment of costs in the circumstances set out in the costs practice direction.

(4) Where—

(a) a claimant is a child or patient; and

(b) a detailed assessment has taken place under paragraph (2)(a),

the only amount payable by the child or patient F4 ... is the amount which the court certifies as payable.

(This rule applies to a counterclaim by or on behalf of child or patient by virtue of rule 20.3)

Textual Amendments

F1 Words in rule 48.5(2)(a) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(a)

F2 Words in rule 48.5(2)(a) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(b)

F3 Rule 48.5(2)(b) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 14

F4 Words in rule 48.5(4) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(c)

Commencement Information

I1 Rule 48.5 in force at 26.4.1999, see Signature