Rule 44.6 Procedure for assessing costsF1
Where the court orders a party to pay costs to another party (other than fixed costs) it may F2...—
make a summary assessment of the costs; F3...
give directions for the summary assessment of the costs to be made at a later date; or
order detailed assessment of the costs by a costs officer,
unless any rule, practice direction or other enactment provides otherwise.
(Practice Direction 44 – General rules about costs sets out the factors which will affect the court’s decision under paragraph (1).)
Where a direction has been given under paragraph (1)(b), another judge who could have decided the claim or application which gave rise to the costs order may make the summary assessment if there is good reason to do so.
A party may recover the fixed costs specified in Part 45 in accordance with that Part.
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
Word in rule 44.6(1) omitted (1.10.2025) by virtue of The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(a)(i)
- F3
Word in rule 44.6(1)(a) omitted (1.10.2025) by virtue of The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(a)(ii)
- F4
Rule 44.6(1)(b) inserted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(a)(iii)
- F5
Rule 44.6(1)(b) renumbered as rule 44.6(1)(c) (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(a)(iv)
- F6
Rule 44.6(2) inserted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(b)
- F7
Rule 44.6(2) renumbered as rule 44.6(3) (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 7(2)(c)
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)