[F1Costs orders in favour of or against non-partiesE+W
46.2.—(1) Where the court is considering whether to exercise its power under section 51 of the Senior Courts Act 1981 (costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings, that person must—
(a)be added as a party to the proceedings for the purposes of costs only; and
(b)be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.
(2) This rule does not apply—
(a)where the court is considering whether to—
(i)make an order against the Lord Chancellor in proceedings in which the Lord Chancellor has provided legal aid to a party to the proceedings;
(ii)make a wasted costs order (as defined in rule 46.8); and
(b)in proceedings to which rule 46.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).]