http://www.legislation.gov.uk/id/uksi/1998/3132/part/47

http://www.legislation.gov.uk/uksi/1998/3132/part/47/crossheading/costs-payable-by-one-party-to-another-default-provisions/2017-12-01

The Civil Procedure Rules 1998

Appointments procedure

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

Statute Law Database

2024-06-19

Expert Participation

2017-12-01

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

The Civil Procedure Rules 1998

rule 52.13(1)(a)

The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014

art. 76

art. 1(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 4(b)

The Civil Procedure (Amendment) Rules 2014

rule 39(e)(ii)(aa)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 4(b)

The Civil Procedure (Amendment) Rules 2014

rule 39(e)(ii)(bb)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 10(3)

The Civil Procedure (Amendment) Rules 2014

rule 39(k)(iii)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27Table of Contents

The Civil Procedure (Amendment) Rules 2014

rule 39(a)(i)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27Table of Contents

The Civil Procedure (Amendment) Rules 2014

rule 39(a)(ii)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(i)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(ii)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(iii)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(iv)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(i)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 21(a)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(i)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(ii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 22(a)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(ii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iv)

rule 25

rule 1

The Civil Procedure Rules 1998

rule 25.1(n)

The Civil Procedure (Amendment No.4) Rules 2005

rule 7(a)(i)

rule 1

C1F1PART 47PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Annotations:

Amendments (Textual)

Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Modifications etc. (not altering text)

Pt. 47 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)

SECTION IIICosts payable by one Party to another – Default Provisions

Default costs certificate47.11

1

Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, that party does so by filing a request in the relevant practice form.

( Practice Direction 47 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.

3

Where a receiving party obtains a default costs certificate, the costs payable to that party for the commencement of detailed assessment proceedings will be the sum set out in Practice Direction 47.

4

A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act must send a copy of the default costs certificate to the prescribed charity.

Setting aside a default costs certificate47.12

1

The court will 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.

(Practice Direction 47 contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)

3

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.