Paragraph Rule 10 Costs on judgment summonsC1

England and Wales

(1)

No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless—

(a)

a committal order is made; or

(b)

the sum in respect of which the judgment summons was issued is paid before the hearing.

(2)

Where costs are allowed to the judgment creditor,

(a)

there may be allowed—

(i)

a charge of the judgment creditor’s solicitor for attending the hearing and, if the F1court so directs, for serving the judgment summons;

(ii)

a fee to counsel if the court certifies that the case is fit for counsel;

(iii)

any travelling expenses paid to the debtor, and

(iv)

the court fee on the issue of the judgment summons;

(b)

the costs may be fixed and allowed without detailed assessment under CPR Part 47.

F2(3)

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Annotations

F1: Word in Sch. 2 CCR Order 28 rule 10(2)(a)(i) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(h) (with rule 25)
F2: Sch. 2 CCR Order 28 rule 10(3) omitted (25.3.2002) by virtue of The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(f)

C1: Sch. 2 CCR Order 28 rule 10 applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2

C1: Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
C2: Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))
C3: Sch. 2 CCR Order 27 applied (with modifications) (22.4.2014) by S.I. 2010/2955, rules 33.19, 33.19A (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45))