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The Civil Procedure Rules 1998

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Changes over time for: Cross Heading: Part II

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Version Superseded: 01/04/2005

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Point in time view as at 01/03/2002.

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The Civil Procedure Rules 1998, Cross Heading: Part II is up to date with all changes known to be in force on or before 15 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IIE+W

Costs on judgment without trial for possession of landE+W

1—(1) Where the claim is for the possession of land, and the claimant obtains judgment—

(a)under CPR Part 12 (default judgment); or

(c)under CPR Part 24 (summary judgment),

for possession of the land and costs, then, subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.

(2) Where the claimant is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any remedy of the nature specified in [F1Order 45, rule 3(2)], this Part of this Appendix shall not apply.

Textual Amendments

F1Words in Sch. 1 RSC Order 62 Appendix 3 Pt. 2 para. 1(2) substituted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 21

2.  The costs to be allowed under this Part of this Appendix shall be £143.75, together with any court fee, and additional costs where appropriate set out the Table below.

Additional CostsE+W
B. Additional Costs
Amount to be allowed£

(1) Where there is more than one defendant, in respect of each additional defendant served

£13.75

(2) Where service by an alternative method is ordered and effected, in respect of each defendant served

£53.25

(3) Where service out of the jurisdiction is ordered and effected, in the case of service—

(a)in Scotland, Northern Ireland, the Isle of Man or the Channel Islands

£68.25

(b)in any other place out of the jurisdiction

£77.00

(4) In the case of default judgment under CPR Part 12 or summary judgment under CPR Part 24 the claimant makes an affidavit of service for the purpose of a judgment where the defendant failed to respond to the claim form (the allowance to include the search fee)

£20.50

(5) In the case of summary judgment under CPR Part 24 where an affidavit of service of the Part 23 application is required

£20.50

(6) In the case of summary judgment under CPR Part 24 for each adjournment of the application

£20.50

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