The Court of Protection Rules 2007

Rules about costs in the Civil Procedure Rules to apply

160.—(1) Subject to the provisions of these Rules, Parts 44, 47 and 48 of the Civil Procedure Rules 1998 (“the 1998 Rules”) shall apply with the modifications in this rule and such other modifications as may be appropriate, to costs incurred in relation to proceedings under these Rules as they apply to costs incurred in relation to proceedings in the High Court.

(2) The provisions of Part 47 of the 1998 Rules shall apply with the modifications in this rule and such other modifications as may be appropriate, to a detailed assessment of the remuneration of a deputy under these Rules as they apply to a detailed assessment of costs in proceedings to which the 1998 Rules apply.

(3) Where the definitions in Part 43 (referred to in Parts 44, 47 and 48) of the 1998 Rules are different from the definitions in rule 155 of these Rules, the latter shall prevail.

(4) Rules 44.1, 44.3(1) to (5), 44.6, 44.7, 44.9, 44.10, 44.11. 44.12 and 44.12A of the 1998 Rules do not apply.

(5) In rule 44.17 of the 1998 Rules, the references to Parts 45 and 46 do not apply.

(6) In rule 47.3(1)(c) of the 1998 Rules, the words “unless the costs are being assessed under rule 48.5 (costs where money is payable to a child or a patient)” are removed.

(7) In rule 47.3(2) of the 1998 Rules, the words “or a district judge” are removed.

(8) Rule 47.4(3) and (4) of the 1998 Rules do not apply.

(9) Rules 47.9(4), 47.10 and 47.11 of the 1998 Rules do not apply where the costs are to be paid by P or charged to his estate.

(10) Rules 48.2, 48.3, 48.6A, and 48.10 of the 1998 Rules do not apply.

(11) Rule 48.1(1) of the 1998 Rules is removed and is replaced by the following: “This paragraph applies where a person applies for an order for specific disclosure before the commencement of proceedings”.