C1C2PART 48COSTS—SPECIAL CASES
Pt. 48 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS
Costs where money is payable by or to a child or patientI148.5
1
This rule applies to any proceedings where a party is a child or patient 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 him or on his behalf.
(“Child” and “patient” are defined in rule 2.3)
2
The general rule is that—
a
the court must order a detailed assessment of the costs payable by any party who is a child or patient to his solicitor; and
b
on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless the court has issued a default costs certificate in relation to those costs under rule 47.11.
3
The court need not order detailed assessment of costs in the circumstances set out in the costs practice direction.
4
Where—
a
a claimant is a child or patient; and
b
a detailed assessment has taken place under paragraph (2)(a),
the only amount payable by the child or patient to his solicitor is the amount which the court certifies as payable.
(This rule applies to a counterclaim by or on behalf of child or patient by virtue of rule 20.3)
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)