The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 45 E+W FIXED COSTS

Textual Amendments

F1 Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

SECTION I E+W General Provisions

Counterclaims E+W

45.7.— (1) Subject to paragraphs (2) and (3), if in any case to which Section VI or Section VII of this Part applies—

(a) the defendant brings a counterclaim; and

(b) the court makes an order for costs,

rules 45.5, 45.6, 45.9, 45.10, 45.11, 45.12, 45.13, 45.43, 45.45, 45.46, 45.49 and 49.50 shall apply as if the counterclaim were a claim.

(2) No costs are allowable under this rule where the only remedy sought by the counterclaimant is also a defence to the claim.

(3) Where in a claim to which the RTA Protocol applies, there is a counterclaim which does not include a claim for personal injuries, any order for costs shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 10.]