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Rule 46.17 Applications for judicial review costs capping ordersF1F2

England and Wales

(1)

An application for a judicial review costs capping order must—

(a)

be made on notice and, subject to paragraphs (2) and (3), in accordance with Part 23; and

(b)

be supported by evidence setting out—

(i)

why a judicial review costs capping order should be made, having regard, in particular, to the matters at subsections (6) to (8) of section 88 of the 2015 Act and subsection (1) of section 89 of that Act;

(ii)

a summary of the applicant’s financial resources;

(iii)

the costs (and disbursements) which the applicant considers the parties are likely to incur in the future conduct of the proceedings; and

(iv)

if the applicant is a body corporate, whether it is able to demonstrate that it is likely to have financial resources available to meet liabilities arising in connection with the proceedings.

(2)

Subject to paragraph (3), the applicant must serve a copy of the application notice and copies of the supporting documents on every other party.

(3)

On application by the applicant, the court may dispense with the need for the applicant to serve the evidence setting out a summary of the applicant’s financial resources on one or more of the parties.

(4)

The court may direct the applicant to provide additional information or evidence to support its application.

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

Pt. 46 Section 6 inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(b) (with rule 6); S.I. 2016/717, art. 3(d)

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)