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Rule 36.21 Cases in which the offeror’s costs have been limited to court feesF1F2

(1)

This rule applies in any case where the offeror is treated as having filed a costs budget limited to applicable court fees, or is otherwise limited in their recovery of costs to such fees.

(Rule 3.14 provides that a litigant may be treated as having filed a budget limited to court fees for failure to file a budget.)

(2)

“Costs” in rules 36.13(5)(b), 36.17(3)(a) and 36.17(4)(b) shall mean—

(a)

in respect of those costs subject to any such limitation, 50% of the costs assessed without reference to the limitation; together with

(b)

any other recoverable costs.

Annotations

Textual amendments

F1

Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

F2

Rule 36.21 omitted and rule 36.23 renumbered as rule 36.21 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(8)(9)(b) (with rule 2)

Notes on Part 36

Textual amendments

F2

Words in Pt. 36 Table of Contents substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(1) (with rule 2)

F3

Words in Pt. 36 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(1)