[F1Amount of costs where costs are payable under a contractE+W
44.5.—(1) [F2Subject to paragraphs (2) and (3)], where the court assesses (whether by summary or detailed assessment) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which—
(a)have been reasonably incurred; and
(b)are reasonable in amount,
and the court will assess them accordingly.
(2) The presumptions in paragraph (1) are rebuttable. Practice Direction 44 – General rules about costs sets out circumstances where the court may order otherwise.
(3) Paragraph (1) does not apply where the contract is between a solicitor and client.]
Textual Amendments
F1Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)
F2Words in rule 44.5(1) substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 8