OpenLegislation

Rule 7 Amendment of Part 44

Original text. Later amendments are not shown.

(1)

In rule 44.1(1), in the definition of “summary assessment”—

(a)

for “heard” substitute “decided”; and

(b)

after “or application” insert “or where rule 44.6(2) applies”.

(2)

In rule 44.6—

(a)

in paragraph (1)—

(i)

in the opening words, omit “either”;

(ii)

in sub-paragraph (a), at the end, omit “or”;

(iii)

after sub-paragraph (a) insert—

“(b)

give directions for the summary assessment of the costs to be made at a later date; or”; and

(iv)

renumber what is currently sub-paragraph (b) as sub-paragraph (c);

(b)

after the words in parenthesis which immediately follow paragraph (1), insert—

“(2)

Where a direction has been given under paragraph (1)(b), another judge who could have decided the claim or application which gave rise to the costs order may make the summary assessment if there is good reason to do so.”; and

(c)

renumber what is currently paragraph (2) as paragraph (3).