Rule 44.12 Set OffF1

(1)

Where a party entitled to costs is also liable to pay costs, the court may assess the costs which that party is liable to pay and either—

(a)

set off the amount assessed against the amount the party is entitled to be paid and direct that party to pay any balance; or

(b)

delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount which that party is liable to pay.

Annotations

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)

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)