C1C2C3C4C5PART 48COSTS—SPECIAL CASES

Annotations:
Modifications etc. (not altering text)
C1

Pt. 48 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C3

Pt. 48 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. 48 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)

C5

Pt. 48 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS

C5Pre-commencement disclosure and orders for disclosure against a person who is not a partyI148.1

1

This paragraph applies where a person applies—

a

for an order under—

i

section 33 of the Supreme Court Act 198167; or

ii

section 52 of the County Courts Act 198468,

(which give the court powers exercisable before commencement of proceedings); or

b

for an order under—

i

section 34 of the Supreme Court Act 198169; or

ii

section 53 of the County Courts Act 198470,

(which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).

2

The general rule is that the court will award the person against whom the order is sought his costs—

a

of the application; and

b

of complying with any order made on the application.

3

The court may however make a different order, having regard to all the circumstances, including—

a

the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

b

whether the parties to the application have complied with any relevant pre-action protocol.