[F1PART 44E+WGeneral Rules about Costs

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 44 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)

SECTION IE+WGeneral

Cases where costs orders deemed to have been madeE+W

44.9.—(1) Subject to paragraph (2), where a right to costs arises under—

(a)rule 3.7 [F2or 3.7A1] (defendant’s right to costs where claim is struck out for non-payment of fees);

[F3(a1)rule 3.7B (sanctions for dishonouring cheque);]

(b)rule [F436.13] (1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted); or

(c)rule 38.6 (defendant’s right to costs where claimant discontinues),

a costs order will be deemed to have been made on the standard basis [F5, save that where the claim is one to which the provisions of Part 27 or Part 45 would otherwise apply, the costs shall be determined in accordance with those Parts].

(2) Paragraph 1(b) does not apply where a Part 36 offer is accepted before the commencement of proceedings.

(3) Where such an order is deemed to be made in favour of a party with pro bono representation, that party may apply for an order under section 194(3) of the 2007 Act.

(4) Interest payable under section 17 of the Judgments Act 1838 or section 74 of the County Courts Act 1984 on the costs deemed to have been ordered under paragraph (1) will begin to run from the date on which the event which gave rise to the entitlement to costs occurred.]

Textual Amendments

F2Words in rule 44.9(1)(a) inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 7 (with rule 13(1)(2))

F4Word in rule 44.9(1)(b) substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(c), 9 (with rule 18)