Rule 45.64 Determination where parties agree on all issues except costsF1

Where, in a claim to which this Part applies, the parties have reached an agreement made or confirmed in writing on all issues except the amount of costs or disbursements to be allowed under this Part, the receiving party may apply for the amount of those costs or disbursements to be determined in accordance with this rule.

Where proceedings have been started, the application must be made in those proceedings under Part 23 as modified by this rule.

Where proceedings have not been started, the application must be made by the commencement of costs only proceedings under rule 46.14 as modified by this rule.

Save where the court directs to the contrary—

The court shall record its determination of the application by annotating Precedent U with its decision noted against each item claimed, which must be served on the parties together with a notice stating that any party who wishes to challenge any aspect of the determination must file and serve a written request for a hearing.

Any request for a hearing must—

and if no such request is filed and served within that period, the determination shall be binding upon the parties.

The court shall fix a date for the hearing and give at least 14 days’ notice of the hearing.

The court must order the requesting party to pay the costs of and incidental to the hearing unless they achieve an adjustment in their own favour that is at least 20% of the sum determined under paragraph (5).

For the purposes of any order for costs made in respect of the hearing, the application is to be treated as an interim application under rule 45.8 and the amount payable shall be determined summarily at the hearing.