The Civil Procedure Rules 1998

Cases where costs orders deemed to have been made E+W

44.12—(1) Where a right to costs arises under—

(a) rule 3.7 (defendant’s right to costs where claim struck out for non-payment of fees);

(b) rule 36.13(1) (claimant’s right to costs where he accepts defendant’s Part 36 offer or Part 36 payment);

(c) rule 36.14 (claimant’s right to costs where defendant accepts the claimant’s Part 36 offer); or

(d) rule 38.6 (defendant’s right to costs where claimant discontinues),

a costs order will be deemed to have been made on the standard basis.

(2) Interest payable pursuant to section 17 of the Judgments Act 1838(1) or section 74 of the County Courts Act 1984(2) on the costs deemed to have been ordered under paragraph (1) shall begin to run from the date on which the event which gave rise to the entitlement to costs occurred.

Modifications etc. (not altering text)

C1 Pt. 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))

Commencement Information

I1 Rule 44.12 in force at 26.4.1999, see Signature

(1)

1838 c. 110. Section 17 was amended by S.I. 1998/2940.

(2)

1984 c. 28. Section 74 was amended by section (2) of the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42).