F1PART 45FIXED COSTS

Annotations:
Amendments (Textual)

SECTION IGeneral Provisions

Counterclaims45.7

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.