Costs resulting from unnecessary or improper act, etc.
45.8.—(1) This rule applies where the court can order a party to pay another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party.
(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 such 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), and
(ii)each other party;
(c)in that application specify—
(i)the party by whom costs should be paid,
(ii)the relevant act or omission,
(iii)the reasons why that act or omission meets the criteria for making an order,
(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 party against whom it proposes making the order; and
(b)specify—
(i)the relevant act or omission,
(ii)the reasons why that act or omission meets the criteria for making an order, and
(iii)with the assistance of the party who incurred the costs, the amount involved.
(6) A party 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, it must assess the amount itself.
[Note. See—
(a)rule 45.2;
(b)section 19(1) of the Prosecution of Offences Act 1985(1) and regulation 3 of the Costs in Criminal Cases (General) Regulations 1986(2); and
(c)article 16 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008(3).
Under regulation 3(5) of the 1986 Regulations, if a magistrates’ court fines a defendant under 17, no costs order to which this rule applies may be for more than the fine.
The Criminal Costs Practice Direction sets out a form of application for use in connection with this rule.]