{
  "url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-45.40",
  "json_url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-45.40.json",
  "legislation": "uksi/1998/3132",
  "legislation_title": "The Civil Procedure Rules 1998",
  "legislation_url": "https://openlegislation.uk/civil-procedure-rules-1998",
  "path": "rule/45.40",
  "kind": "rule",
  "number": "45.40",
  "heading": "Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F",
  "text": "(1) This rule sets out the procedure where—\n(a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but\n(b) they have failed to agree the amount of those costs; and\n(c) proceedings have been started under Part 8 in accordance with Practice Direction 49F.\n(2) Either party may make an application for the court to determine the costs.\n(3) Where an application is made under this rule the court shall determine the costs in accordance with the relevant provisions in rule 45.31 in so far as that rule applies to proceedings started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer or rule 45.36.\n(4) Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in rule 45.40(3) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/3132/rule/45.40",
    "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."
}