OpenLegislation

Rule 45.7 CounterclaimsF1

(1)

Subject to paragraphs (2) and (3), if in any case to which Section VI or Section VII of this Part applies—

(a)

the defendant brings a counterclaim; and

(b)

the court makes an order for costs,

rules 45.5, 45.6, 45.9, 45.10, 45.11, 45.12, 45.13, 45.43, 45.45, 45.46, 45.49 and F245.50 shall apply as if the counterclaim were a claim.

(2)

No costs are allowable under this rule where the only remedy sought by the counterclaimant is also a defence to the claim.

(3)

Where in a claim to which the RTA Protocol applies, there is a counterclaim which does not include a claim for personal injuries, any order for costs shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 10.

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)

F2

Word in rule 45.7(1)(b) substituted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 5(1)

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)