Rule 46.3 Limitations on court’s power to award costs in favour of trustee or personal representativeF1
This rule applies where—
a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and
rule 44.5 does not apply.
The general rule is that that person is entitled to be paid the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the relevant trust fund or estate.
Where that person is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.
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)
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)