C1PART 44GENERAL RULES ABOUT COSTS

Annotations:
Modifications etc. (not altering text)

F1Costs-only proceedings44.12A

1

This rule sets out a procedure which may be followed where—

a

the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

b

they have failed to agree the amount of those costs; and

c

no proceedings have been started.

2

Either party to the agreement may start proceedings under this rule by issuing a claim form in accordance with Part 8.

3

The claim form must contain or be accompanied by the agreement or confirmation.

4

In proceedings to which this rule applies the court—

a

may

i

make an order for costs; or

ii

dismiss the claim;

  • and

b

must dismiss the claim if it is opposed.

5

Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule. (Rule 7.2 provides that proceedings are started when the court issues a claim form at the request of the claimant)

(Rule 8.1(6) provides that a practice direction may modify the Part 8 procedure)