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Part 46 COSTS –SPECIAL CASESC1F1

Contents of this Part

Title

Number

SECTION I – COSTS PAYABLE BY OR TO PARTICULAR PERSONS
Pre-commencement disclosure and orders for disclosure against a person who is not a party46.1
Costs orders in favour of or against non-parties46.2
Limitations on court’s power to award costs in favour of trustee or personal representative46.3
Costs where money is payable by or to a child or protected party46.4
Litigants in person46.5
Costs where the court has made a group litigation order46.6
Orders in respect of pro bono representation46.7
SECTION II – COSTS RELATING TO LEGAL REPRESENTATIVES
Personal liability of legal representative for costs – wasted costs orders46.8
Basis of detailed assessment of solicitor and client costs46.9
Assessment procedure46.10
SECTION III – COSTS ON ALLOCATION AND RE-ALLOCATION
Costs on the small claims track and fast track46.11
Limitation on amount court may allow where a claim allocated to the fast track settles before trial46.12
Costs following allocation, re-allocation and non-allocation46.13
SECTION IV – COSTS-ONLY PROCEEDINGS
Costs-only proceedings46.14
F2SECTION V – COSTS IN CLAIMS FOR JUDICIAL REVIEW
Claims for judicial review: costs against intervenersRule 46.15
SECTION VI – JUDICIAL REVIEW COSTS CAPPING ORDERS UNDER PART 4 OF THE CRIMINAL JUSTICE AND COURTS ACT 2015
Judicial review costs capping orders – generalRule 46.16
Applications for judicial review costs capping ordersRule 46.17
Court to consider making directionsRule 46.18
Applications to vary judicial review costs capping ordersRule 46.19
F3VII SCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT
Scope and interpretationRule 46.20
Amount of scale costsRule 46.21
Summary assessment of the costs of an application where a party has behaved unreasonablyRule 46.22
VIII ENVIRONMENTAL REVIEW COSTS
Environmental review costsRule 46.23
F4SECTION IX COSTS LIMITS IN AARHUS CONVENTION CLAIMS
Scope and interpretationrule 46.24
Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimantrule 46.25
Limit on costs recoverable from a party in an Aarhus Convention claimrule 46.26
Varying the limit on costs recoverable from a party in an Aarhus Convention claimrule 46.27
Challenging whether the claim is an Aarhus Convention claimrule 46.28
  1. SECTION ICosts Payable by or to Particular Persons
  2. SECTIONIICosts relating to Legal Representatives
  3. SECTION IIICosts on Allocation and Re-Allocation
  4. SECTION IVCosts-only Proceedings
  5. V COSTS IN CLAIMS FOR JUDICIAL REVIEW
  6. SECTION VIJudicial Review Costs Capping Orders under Part 4 of the Criminal Justice and Courts Act 2015
  7. VIISCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT
  8. SECTION VIIIENVIRONMENTAL REVIEW COSTS
  9. SECTION IXCosts Limits in Aarhus Convention Claims

Annotations

Textual amendments

F1

Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

F2

Words in Pt. 46 Table of Contents inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(a) (with rule 6); S.I. 2016/717, art. 3(d)

F3

Words in Pt. 46 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(1)

F4

Words in Pt. 46 Table of Contents inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(1) (with rule 2)

Modifications

C1

Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)