Modifications etc. (not altering text)
C1Pt. 44 applied in part (with modifications) (26.4.1999) by The Family Proceedings (Miscellaneous Amendments) Rules 1999 (S.I. 1999/1012), rules 1, 4(1)(2) (with rule 4(3))
C2Pt. 44 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)
C3Pt. 44 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
C4Pt. 44 applied in part (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))
C5Pt. 44 applied in part (with modifications) (24.2.2003) by S.I. 1991/1247, rule 10.27(1) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16)
C6Pt. 44 applied in part (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)
44.10—(1) Where the court—
(a)assesses costs in relation to a claim which—
(i)has been allocated to the fast track; and
(ii)settles before the start of the trial; and
(b)is considering the amount of costs to be allowed in respect of a party’s advocate for preparing for the trial,
it may not allow, in respect of those advocate’s costs, an amount that exceeds the amount of fast track trial costs which would have been payable in relation to the claim had the trial taken place.
(2) When deciding the amount to be allowed in respect of the advocate’s costs, the court shall have regard to—
(a)when the claim was settled; and
(b)when the court was notified that the claim had settled.
(3) In this rule, “advocate” and “fast track trial costs” have the meanings given to them by Part 46.
(Part 46 sets out the amount of fast track trial costs which may be awarded)
Commencement Information
I1Rule 44.10 in force at 26.4.1999, see Signature