PART 45COSTS

PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

Costs on an application45.7

1

This rule—

a

applies where the court can order a party to pay another person’s costs in a case in which—

i

the court decides an application for the production in evidence of a copy of a bank record,

ii

a magistrates’ court or the Crown Court decides an application to terminate a football banning order,

iii

a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog,

iv

the Crown Court allows an application to withdraw a witness summons, or

v

the Crown Court decides an application relating to a deferred prosecution agreement under rule 11.5 (breach), rule 11.6 (variation) or rule 11.7 (lifting suspension of prosecution);

b

authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an application to that court under rule 11.5, 11.6 or 11.7.

2

The court may make an order—

a

on application by the person who incurred the costs; or

b

on its own initiative.

3

A person who wants the court to make an order must—

a

apply as soon as practicable;

b

notify each other party; and

c

specify—

i

the amount claimed, and

ii

against whom.

4

A party who wants to oppose an order must make representations as soon as practicable.

5

If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself.

[Note. See—

a

rule 45.2;

b

section 8 of the Bankers Books Evidence Act 1879912;

c

section 14H(5) of the Football Spectators Act 1989913;

d

section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965914; and

e

section 4(7) of the Dangerous Dogs Act 1991915.

Section 52 of the Senior Courts Act 1981 allows rules of court to authorise the Crown Court to order costs.]