The Civil Procedure Rules 1998

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS E+W

Pre-commencement disclosure and orders for disclosure against a person who is not a party E+W

48.1—(1) This paragraph applies where a person applies—

(a) for an order under—

(i) section 33 of the Supreme Court Act 1981(1); or

(ii) section 52 of the County Courts Act 1984(2),

(which give the court powers exercisable before commencement of proceedings); or

(b) for an order under—

(i) section 34 of the Supreme Court Act 1981(3); or

(ii) section 53 of the County Courts Act 1984(4),

(which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).

(2) The general rule is that the court will award the person against whom the order is sought his costs—

(a) of the application; and

(b) of complying with any order made on the application.

(3) The court may however make a different order, having regard to all the circumstances, including—

(a) the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

(b) whether the parties to the application have complied with any relevant pre-action protocol.

Modifications etc. (not altering text)

C1 Pt. 48 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

Commencement Information

I1 Rule 48.1 in force at 26.4.1999, see Signature

Costs orders in favour of or against non-parties E+W

48.2—(1) Where the court is considering whether to exercise its power under section 51 of the Supreme Court Act 1981(5) (costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings—

(a) that person must be added as a party to the proceedings for the purposes of costs only; and

(b) he must be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.

(2) This rule does not apply—

(a) where the court is considering whether to—

(i) make an order against the [F1 Legal Services Commission];

(ii) make a wasted costs order (as defined in 48.7); and

(b) in proceedings to which rule 48.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).

Textual Amendments

F1 Words in rule 48.2(2)(a)(i) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 33 (with rule 39)

Commencement Information

I2 Rule 48.2 in force at 26.4.1999, see Signature

Amount of costs where costs are payable pursuant to a contract E+W

48.3—(1) Where the court assesses (whether by the summary or detailed procedure) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which—

(a) have been reasonably incurred; and

(b) are reasonable in amount,

and the court will assess them accordingly.

(The [F2 Costs Practice Direction] sets out circumstances where the court may order otherwise)

(2) This rule does not apply where the contract is between a solicitor and his client.

Textual Amendments

F2 Words in rule 48.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 26(a)(ii)

Commencement Information

I3 Rule 48.3 in force at 26.4.1999, see Signature

Limitations on court’s power to award costs in favour of trustee or personal representative E+W

48.4—(1) This rule applies where—

(a) a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and

(b) rule 48.3 does not apply.

[F3 (2) The general rule is that he is entitled to be paid the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the relevant trust fund or estate.

(3) Where he is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.]

Textual Amendments

F3 Rule 48.4(2)(3) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 27

Commencement Information

I4 Rule 48.4 in force at 26.4.1999, see Signature

Costs where money is payable by or to a child or [F4 protected party] E+W

48.5—(1) This rule applies to any proceedings where a party is a child or [F5 protected party] and—

(a) money is ordered or agreed to be paid to, or for the benefit of, that party; or

(b) money is ordered to be paid by him or on his behalf.

(“Child” and “[F5 protected party]” [F6 have the same meaning as in rule 21.1(2)])

(2) The general rule is that—

(a) the court must order a detailed assessment of the costs payable by [F7 , or out of money belonging to,] any party who is a child or [F5 protected party] F8 ...; and

[F9 (b) on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—

(i) the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii) the costs are payable in proceedings to which Section II [F10 or Section VI] of Part 45 applies.]

(3) The court need not order detailed assessment of costs in the circumstances set out in the [F11 Costs Practice Direction].

(4) Where—

(a) a claimant is a child or [F5 protected party]; and

(b) a detailed assessment has taken place under paragraph (2)(a),

the only amount payable by the child or [F5 protected party] F12 ... is the amount which the court certifies as payable.

(This rule applies to a counterclaim by or on behalf of child or [F5 protected party] by virtue of rule 20.3)

Textual Amendments

F4 Words in rule 48.5 heading substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(b)

F5 Words in rule 48.5 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(c)

F6 Words in rule 48.5(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(d)

F7 Words in rule 48.5(2)(a) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(a)

F8 Words in rule 48.5(2)(a) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(b)

F9 Rule 48.5(2)(b) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 14

F10 Words in rule 48.5(2)(b)(ii) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 9

F11 Words in rule 48.5(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 26(a)(i)

F12 Words in rule 48.5(4) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 41(c)

Commencement Information

I5 Rule 48.5 in force at 26.4.1999, see Signature

Litigants in person E+W

48.6—(1) This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

(2) The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

[F13 (3) The litigant in person shall be allowed—

(a) costs for the same categories of—

(i) work; and

(ii) disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;

(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

(c) the costs of obtaining expert assistance in assessing the costs claim.]

(The [F14 Costs Practice Direction] deals with who may be an expert for the purpose of paragraph (2)(c))

[F15 (4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—

(a) where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the [F16 Costs Practice Direction].]

(5) A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

(6) For the purposes of this rule, a litigant in person includes—

(a) a company or other corporation which is acting without a legal representative; and

(b) a barrister, solicitor, solicitor’s employee [F17 , manager of a body recognised under section 9 of the Administration of Justice Act 1985 or a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)] who is acting for himself.

Textual Amendments

F13 Rule 48.6(3) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 19(a) (with rule 34)

F14 Words in rule 48.6 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 26(a)(ii)

F15 Rule 48.6(4) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 19(b) (with rule 34)

F16 Words in rule 48.6(4)(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 26(b)

F17 Words in rule 48.6(6)(b) substituted (1.2.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(3), 26(c)

Commencement Information

I6 Rule 48.6 in force at 26.4.1999, see Signature

[F18 Costs where the court has made a Group Litigation Order E+W

48.6A— (1) This rule applies where the court has made a Group Litigation Order (“ GLO”).

(2) In this rule—

(a) “individual costs” means costs incurred in relation to an individual claim on the group register;

(b) “common costs” means—

(i) costs incurred in relation to the GLO issues;

(ii) individual costs incurred in a claim while it is proceeding as a test claim, and

(iii) costs incurred by the lead solicitor in administering the group litigation; and

(c) “group litigant” means a claimant or defendant, as the case may be, whose claim is entered on the group register.

(3) Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability^(GL) for an equal proportion of those common costs.

(4) The general rule is that where a group litigant is the paying party, he will, in addition to any costs he is liable to pay to the receiving party, be liable for—

(a) the individual costs of his claim; and

(b) an equal proportion, together with all the other group litigants, of the common costs.

(5) Where the court makes an order about costs in relation to any application or hearing which involved—

(a) one or more GLO issues; and

(b) issues relevant only to individual claims,

the court will direct the proportion of the costs that is to relate to common costs and the proportion that is to relate to individual costs.

(6) Where common costs have been incurred before a claim is entered on the group register, the court may order the group litigant to be liable for a proportion of those costs.

(7) Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register. (Part 19 sets out rules about group litigation).]

Textual Amendments

F18 Rule 48.6A inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 34 (with rule 39)

(1)

1981 c. 54. Section 33 was amended by S.I. 1998/2940.

(2)

1984 c. 28. Section 52 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 43 and by S.I. 1998/2940.

(3)

1981 c. 54. Section 34 was amended by S.I. 1998/2940.

(4)

1984 c. 28. Section 53 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 44 and by S.I. 1998/2940.

(5)

1981 c. 54. Section 51 was substituted by section 4(1) of the Courts and Legal Services Act 1990 (c. 41).