C1C2C3C5C4C6C7C8PART 44GENERAL RULES ABOUT COSTS

Annotations:
Modifications etc. (not altering text)
C2

Pt. 44 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C5

Pt. 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))

C4

Pt. 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)

C6

Pt. 44 applied in part (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)

C7

Pt. 44 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

C1C7Court’s discretion and circumstances to be taken into account when exercising its discretion as to costsI1C144.3

1

The court has discretion as to—

a

whether costs are payable by one party to another;

b

the amount of those costs; and

c

when they are to be paid.

2

If the court decides to make an order about costs—

a

the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but

b

the court may make a different order.

3

The general rule does not apply to the following proceedings—

a

proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or

b

proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

4

In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including—

a

the conduct of all the parties;

b

whether a party has succeeded on part of his case, even if he has not been wholly successful; and

c

any payment into court or admissible offer to settle made by a party which is drawn to the court’s attention F1, and which is not an offer to which costs consequences under Part 36 apply.

F2...

5

The conduct of the parties includes—

a

conduct before, as well as during, the proceedings and in particular the extent to which the parties followed F3the Practice Direction (Pre-Action Conduct) or any relevant pre-action protocol;

b

whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

c

the manner in which a party has pursued or defended his case or a particular allegation or issue; and

d

whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim.

6

The orders which the court may make under this rule include an order that a party must pay—

a

a proportion of another party’s costs;

b

a stated amount in respect of another party’s costs;

c

costs from or until a certain date only;

d

costs incurred before proceedings have begun;

e

costs relating to particular steps taken in the proceedings;

f

costs relating only to a distinct part of the proceedings; and

g

interest on costs from or until a certain date, including a date before judgment.

7

Where the court would otherwise consider making an order under paragraph (6)(f), it must instead, if practicable, make an order under paragraph (6)(a) or (c).

8

Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.

9

Where a party entitled to costs is also liable to pay costs the court may assess the costs which that party is liable to pay and either—

a

set off the amount assessed against the amount the party is entitled to be paid and direct him to pay any balance; or

b

delay the issue of a certificate for the costs to which the party is entitled until he has paid the amount which he is liable to pay.