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Version Superseded: 01/04/2013
Point in time view as at 06/04/2010.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Cross Heading: SECTION III—COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONS.
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47.11—(1) Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, [F1that party] does so by filing a request in the relevant practice form.
(The [F2Costs Practice Direction] deals with the procedure by which the receiving party may obtain a default costs certificate)
(2) A default costs certificate will include an order to pay the costs to which it relates.
[F3(3) Where a receiving party obtains a default costs certificate, the costs payable to [F4that party] for the commencement of detailed assessment proceedings [F5will] be the sum set out in the [F6Costs Practice Direction].]
[F7(4) A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007 must send a copy of the default costs certificate to the prescribed charity.]
Textual Amendments
F1Words in rule 47.11(1) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 25(b)(i)
F2Words in rule 47.11 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)
F3Rule 47.11(3) inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 18
F4Words in rule 47.11(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 25(b)(ii)(aa)
F5Word in rule 47.11(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 25(b)(ii)(bb)
F6Words in rule 47.11(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(a)
F7Rule 47.11(4) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 25(b)(iii)
Modifications etc. (not altering text)
C1Pt. 47 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
Commencement Information
I1Rule 47.11 in force at 26.4.1999, see Signature
47.12—(1) The court must set aside a default costs certificate if the receiving party was not entitled to it.
(2) In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.
(3) Where—
(a)the receiving party has purported to serve the notice of commencement on the paying party;
(b)a default costs certificate has been issued; and
(c)the receiving party subsequently discovers that the notice of commencement did not reach the paying party at least 21 days before the default costs certificate was issued,
the receiving party must—
(i)file a request for the default costs certificate to be set aside; or
(ii)apply to the court for directions.
(4) Where paragraph (3) applies, the receiving party may take no further step in
(a)the detailed assessment proceedings; or
(b)the enforcement of the default costs certificate,
until the certificate has been set aside or the court has given directions.
(The [F8Costs Practice Direction] contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)
[F9(5) Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.]
Textual Amendments
F8Words in rule 47.12 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)
F9Rule 47.12(5) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 25(c)
Commencement Information
I2Rule 47.12 in force at 26.4.1999, see Signature
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