Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B44.12C

1

This rule sets out the procedure where—

a

the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

b

they have failed to agree the amount of those costs; and

c

proceedings have been started under Part 8 in accordance with Practice Direction 8B.

2

Either party may make an application for the court to determine the costs.

3

Where an application is made under this rule the court will assess the costs in accordance with rule 45.34 or rule 45.37.

4

Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

(Practice Direction 8B sets out the procedure for a claim where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.)