Rule 46.2 Costs orders in favour of or against non-partiesC1F1
England and Wales
Where the court is considering whether to exercise its power under section 51 of the Senior Courts Act 1981 (costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings, that person must—
be added as a party to the proceedings for the purposes of costs only; and
be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.
This rule does not apply—
where the court is considering whether to—
make an order against the Lord Chancellor in proceedings in which the Lord Chancellor has provided legal aid to a party to the proceedings;
make a wasted costs order (as defined in rule 46.8); and
in proceedings to which rule 46.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).
Neither rule 19.4 nor rule 20.7 applies to the joinder of a person under paragraph (1).
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 46.2(3) inserted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 8
Modifications
- C1
Rule 46.2(2)(a)(i) modified (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), regs. 1, 14(4)(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)