Rule 44.11 Court’s powers in relation to misconductF1

(1)

The court may make an order under this rule where—

(a)

a party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; or

(b)

it appears to the court that the conduct of a party or that party’s legal representative, before or during the proceedings or in the assessment proceedings, was unreasonable or improper.

(2)

Where paragraph (1) applies, the court may—

(a)

disallow all or part of the costs which are being assessed; or

(b)

order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur.

(3)

Where—

(a)

the court makes an order under paragraph (2) against a legally represented party; and

(b)

the party is not present when the order is made,

the party’s legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.

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)

Notes on Part 44

Modifications

C1: Pt. 44 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)
C2: Pt. 44 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)
C3: Pt. 44 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)
C4: Pt. 44 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))
C5: Pt. 44 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 223-231 (with rule 5)
C6: Pt. 44 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)