Amendments to the Court of Protection Rules 1994

8.  For rule 89 substitute:

Civil Procedure rules to apply

89.(1) Subject to the provisions of these Rules, Parts 43, 44, 47 and 48 of the Civil Procedure Rules 1998(1) (“the 1998 Rules”) shall apply, with the modifications in paragraph (2) and such other modifications as may be necessary, to costs incurred in relation to proceedings under these Rules as they apply to costs incurred in relation to proceedings in the High Court.

(2) The modifications referred to in paragraph (1) are:

(a)in rule 43.2(1)(c) of the 1998 Rules, costs officer shall include

(i)a judge;

(ii)the Master.

(b)in rule 43.2(1)(d) of the 1998 Rules, authorised court officer shall include an officer of the court;

(c)rule 44.3(2) of the 1998 Rules (costs follow the event) does not apply;

(d)rules 44.9 to 44.12 of the 1998 Rules (costs on small claims and fast tracks and on track allocation or reallocation) do not apply;

(e)rules 48.1 to 48.3 (costs payable by or to particular persons) and 48.7 to 48.10 (costs relating to solicitors and other legal representatives) of the 1998 Rules do not apply.

(3) Where the court orders costs to be assessed by way of detailed assessment, the detailed assessment proceedings will take place in the High Court..

(1)

S.I. 1998/3132 as amended by S.I. 1999/1008.