PART 44GENERAL RULES ABOUT COSTS

Court’s powers in relation to misconduct44.14

1

The court may make an order under this rule where—

a

a party or his legal representative fails to conduct detailed assessment proceedings in accordance with Part 47 or any direction of the court; or

b

it appears to the court that the conduct of a party or his legal representative, before or during the proceedings which gave rise to the assessment proceedings, was unreasonable or improper.

2

Where paragraph (1) applies, the court may—

a

disallow all or part of the costs which are being assessed; or

b

order the party at fault or his legal representative to pay costs which he has caused any other party to incur.

3

Where—

a

the court makes an order under paragraph (2) against a legally represented party; and

b

the party is not present when the order is made,

the party’s solicitor must notify his client in writing of the order no later than 7 days after the solicitor receives notice of the order.