Article 38 Amendment to the Civil Procedure Rules 1998

in sub-paragraph (1)(a), at the beginning insert “subject to paragraphs (1A) and (1B),”; and

after paragraph (1), insert—

“(1A)

Where the court makes—

(a)

an order granting permission to appeal;

(b)

an order granting permission to apply for judicial review; or

(c)

any other order or direction sought by a party on an application without notice,and its order does not mention costs, it will be deemed to include an order for applicant’s costs in the case.

(1B)

Any party affected by a deemed order for costs under paragraph (1A) may apply at any time to vary the order.”.