Basis of assessmentE+W
44.4—(1) Where the court is to assess the amount of costs (whether by summary or detailed assessment) it will assess those costs—
(a)on the standard basis; or
(b)on the indemnity basis,
but the court will not in either case allow costs which have been unreasonably incurred or are unreasonable in amount.
(Rule 48.3 sets out how the court decides the amount of costs payable under a contract)
(2) Where the amount of costs is to be assessed on the standard basis, the court will—
(a)only allow costs which are proportionate to the matters in issue; and
(b)resolve any doubt which it may have as to whether costs were reasonably incurred or reasonable and proportionate in amount in favour of the paying party.
(Factors which the court may take into account are set out in rule 44.5)
(3) Where the amount of costs is to be assessed on the indemnity basis, the court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the receiving party.
(4) Where—
(a)the court makes an order about costs without indicating the basis on which the costs are to be assessed; or
(b)the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis,
the costs will be assessed on the standard basis.
F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where the amount of a solicitor’s remuneration in respect of non-contentious business is regulated by any general orders made under the Solicitors Act 1974(1), the amount of the costs to be allowed in respect of any such business which falls to be assessed by the court will be decided in accordance with those general orders rather than this rule and rule 44.5.
Textual Amendments
F1Rule 44.4(5) revoked (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 15 (with rule 39)
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 in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
C3Pt. 44 applied in part (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 28.2(1) (with rules 2.1, 28.2(2), 28.3)
Commencement Information