C1F1PART 46COSTS –SPECIAL CASES
Pt. 46 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 ICosts Payable by or to Particular Persons
Costs where money is payable by or to a child or protected party46.4
1
This rule applies to any proceedings where a party is a child or protected party and—
a
money is ordered or agreed to be paid to, or for the benefit of, that party; or
b
money is ordered to be paid by that party or on that party’s behalf.
(“Child” and “protected party” have the same meaning as in rule 21.1(2).)
2
The general rule is that—
a
the court must order a detailed assessment of the costs payable by, or out of money belonging to, any party who is a child or protected party; and
b
on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—
i
the court has issued a default costs certificate in relation to those costs under rule 47.11; or
ii
the costs are payable in proceedings to which F4Section IV of Part 45 applies.
3
The court need not order detailed assessment of costs in the circumstances set out in F3paragraph (5) or in Practice Direction 46.
4
Where—
a
a claimant is a child or protected party; and
b
a detailed assessment has taken place under paragraph (2)(a),
the only amount payable by the child or protected party is the amount which the court certifies as payable.
F25
Where the costs payable comprise only the success fee claimed by the child’s or protected party’s legal representative under a conditional fee agreement or the balance of any payment under a damages based agreement, the court may direct that—
a
the assessment procedure referred to in rule 46.10 and paragraph 6 of Practice Direction 46 shall not apply; and
b
such costs be assessed summarily.
(This rule applies to a counterclaim by or on behalf of a child or protected party by virtue of rule 20.3.)
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)