Costs where money is payable by or to a child or [F1protected party] E+W
48.5—(1) This rule applies to any proceedings where a party is a child or [F2protected party] 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 “[F2protected party]” [F3have the same meaning as in rule 21.1(2)])
(2) The general rule is that—
(a)the court must order a detailed assessment of the costs payable by [F4, or out of money belonging to,] any party who is a child or [F2protected party] F5...; and
[F6(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 [F7or Section VI] of Part 45 applies.]
(3) The court need not order detailed assessment of costs in the circumstances set out in the [F8Costs Practice Direction].
(4) Where—
(a)a claimant is a child or [F2protected party]; and
(b)a detailed assessment has taken place under paragraph (2)(a),
the only amount payable by the child or [F2protected party] F9... is the amount which the court certifies as payable.
(This rule applies to a counterclaim by or on behalf of child or [F2protected party] by virtue of rule 20.3)
Textual Amendments
F1Words in rule 48.5 heading substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(b)
F2Words in rule 48.5 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(c)
F3Words in rule 48.5(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(d)
F4Words 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)
F5Words 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)
F6Rule 48.5(2)(b) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 14
F7Words in rule 48.5(2)(b)(ii) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 9
F8Words in rule 48.5(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 26(a)(i)
F9Words 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)
Modifications etc. (not altering text)
C1Pt. 48 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
Commencement Information