Rule 45.36 Where the parties have settled after proceedings have startedF1
This rule applies where an application is made under rule 45.40 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F).
Where the settlement is more than the defendant’s relevant Protocol offer the court shall order the defendant to pay—
the Stage 1 and 2 fixed costs where not already paid by the defendant;
the Stage 3 Type A fixed costs; and
disbursements allowed in accordance with Section IX of this Part.
Where the settlement is less than or equal to the defendant’s relevant Protocol offer the court shall order the defendant to pay—
the Stage 1 and 2 fixed costs where not already paid by the defendant; and
disbursements allowed in accordance with Section IX of this Part.
The court may, in its discretion, order either party to pay the costs of the application.
Annotations
Textual amendments
- F1
Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)
Notes on Part 45
Textual amendments
- F2
Words in Pt. 45 Table of Contents inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(a)
- F3
Words in Pt. 45 Table of Contents omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(b)
- F4
Words in Pt. 45 Table of Contents inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(1)