{
  "url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-44.5",
  "json_url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-44.5.json",
  "legislation": "uksi/1998/3132",
  "legislation_title": "The Civil Procedure Rules 1998",
  "legislation_url": "https://openlegislation.uk/civil-procedure-rules-1998",
  "path": "rule/44.5",
  "kind": "rule",
  "number": "44.5",
  "heading": "Amount of costs where costs are payable under a contract",
  "text": "(1) Subject to paragraphs (2) and (3), where the court assesses (whether by summary or detailed assessment) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which—\n(a) have been reasonably incurred; and\n(b) are reasonable in amount,\nand the court will assess them accordingly.\n(2) The presumptions in paragraph (1) are rebuttable. Practice Direction 44 – General rules about costs sets out circumstances where the court may order otherwise.\n(3) Paragraph (1) does not apply where the contract is between a solicitor and client.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 44.5(1) substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 8"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/3132/rule/44.5",
    "retrieved_at": "2026-10-29T11:12:59.276840+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}