C1C2PART 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)

SECTION II—COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRE SENTATIVES

Personal liability of legal representative for costs—wasted costs ordersI148.7

1

This rule applies where the court is considering whether to make an order under section 51(6) of the Supreme Court Act 198173 (court’s power to disallow or (as the case may be) order a legal representative to meet, “wasted costs”).

2

The court must give the legal representative a reasonable opportunity to attend a hearing to give reasons why it should not make such an order.

F13

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4

When the court makes a wasted costs order, it must specify the amount to be disallowed or paid.

5

The court may direct that notice must be given to the legal representative’s client, in such manner as the court may direct—

a

of any proceedings under this rule; or

b

of any order made under it against his legal representative.

6

Before making a wasted costs order, the court may direct a costs judge or a district judge to inquire into the matter and report to the court.

7

The court may refer the question of wasted costs to a costs judge or a district judge, instead of making a wasted costs order.