Costs against a third party
45.10.—(1) This rule applies where—
(a)there has been serious misconduct by a person who is not a party; and
(b)the court can order that person to pay a party’s costs.
(2) In this rule, costs include costs met by legal aid.
(3) The court may make an order—
(a)on application by the party who incurred the costs; or
(b)on its own initiative.
(4) A party who wants the court to make an order must—
(a)apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b)serve the application on—
(i)the court officer (or, in the Court of Appeal, the Registrar),
(ii)the person responsible,
(iii)each other party, and
(iv)any other person directly affected;
(c)in that application specify—
(i)the person responsible,
(ii)the relevant misconduct,
(iii)the reasons why the criteria for making an order are met,
(iv)the amount claimed, and
(v)those on whom the application has been served.
(5) Where the court considers making an order on its own initiative, it must—
(a)identify the person against whom it proposes making that order; and
(b)specify—
(i)the relevant misconduct,
(ii)the reasons why the criteria for making an order are met, and
(iii)with the assistance of the party who incurred the costs, the amount involved.
(6) A person who wants to oppose an order must—
(a)make representations as soon as practicable; and
(b)in reply to an application, serve written representations on the applicant and on the court officer (or Registrar) not more than 7 days after it was served.
(7) If the court makes an order—
(a)the general rule is that it must do so at the end of the case, but it may do so earlier; and
(b)it must assess the amount itself.
[Note. See—
(a)rule 45.2;
(b)section 19B of the Prosecution of Offences Act 1985 and regulation 3F of the Costs in Criminal Cases (General) Regulations 1986; and
(c)article 18 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.
The Criminal Costs Practice Direction sets out a form of application for use in connection with this rule.
Part 34 (Appeal to the Crown Court) and Part 39 (Appeal to the Court of Appeal about conviction or sentence) contain rules about appeals against a costs order to which this rule applies.]