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Rule 46.14 Costs-only proceedingsF1

(1)

This rule applies where—

(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

(b)

they have failed to agree the amount of those costs; and

(c)

no proceedings have been started.

(F21A)

This rule does not apply to a dispute to which the procedure under section 10 of Practice Direction 27B applies.

(2)

Where this rule applies, the procedure set out in this rule must be followed.

(3)

Proceedings under this rule are commenced by issuing a claim form in accordance with Part 8.

(4)

The claim form must contain or be accompanied by the agreement or confirmation.

(5)

In proceedings to which this rule applies the court may make an order for the payment of costs F3to be assessed and/or, where appropriate, F4may determine the fixed costs.

(6)

Where this rule applies but the procedure set out in this rule has not been followed by a party—

(a)

that party will not be allowed costs greater than those that would have been allowed to that party had the procedure been followed; and

(b)

the court may award the other party the costs of the proceedings up to the point where an order for the payment of costs is made.

(7)

Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule.

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

Rule 46.14(1A) inserted (31.5.2021) by The Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), rules 1(1), 9

F3

Words in rule 46.14(5) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 12(2)(a)

F4

Words in rule 46.14(5) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 12(2)(b)

Notes on Part 46

Textual amendments

F2

Words in Pt. 46 Table of Contents inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(a) (with rule 6); S.I. 2016/717, art. 3(d)

F3

Words in Pt. 46 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(1)

F4

Words in Pt. 46 Table of Contents inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(1) (with rule 2)

Modifications

C1

Pt. 46 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)