C1C2C3C4PART 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)

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS

Costs orders in favour of or against non-partiesI148.2

1

Where the court is considering whether to exercise its power under section 51 of the Supreme Court Act 198171 (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—

a

that person must be added as a party to the proceedings for the purposes of costs only; and

b

he must 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 F1Legal Services Commission;

ii

make a wasted costs order (as defined in 48.7); and

b

in proceedings to which rule 48.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).