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

PART 47 E+W PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Modifications etc. (not altering text)

C1 Pt. 47 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C2 Pt. 47 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

C3 Pt. 47 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C4 Pt. 47 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3) (with rule 5(4))

C5 Pt. 47 applied (with modifications) (1.1.2006) by The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 (S.I. 2005/3382), regs. 1, 13(2)(a)

C6 Pt. 47 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

C7 Pt. 47 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87

SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGS E+W

Offers to settle without prejudice save as to costs of the detailed assessment proceedings E+W

47.19—(1) Where—

(a) a party (whether the paying party or the receiving party) makes a written offer to settle the costs of the proceedings which gave rise to the assessment proceedings; and

(b) the offer is expressed to be without prejudice^(GL) save as to the costs of the detailed assessment proceedings,

the court will take the offer into account in deciding who should pay the costs of those proceedings.

(2) The fact of the offer must not be communicated to the costs officer until the question of costs of the detailed assessment proceedings falls to be decided.

(The [F1 Costs Practice Direction] provides that rule 47.19 does not apply where the receiving party is [F2 a LSC funded client or] an assisted person [F3 , unless the court orders otherwise])

Textual Amendments

F1 Words in rule 47.19 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 25(b)

F2 Words in rule 47.19 inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 29 (with rule 39)

F3 Words in rule 47.19 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 18

Commencement Information

I1 Rule 47.19 in force at 26.4.1999, see Signature