Article 21 Costs sanction for failure to admit facts or documents

After Order 38, rule 17A, there shall be inserted the following new rule—

“Assessment of costs for failure to admit facts or documents

17B

(1)

Subject to paragraph (3), where a party is entitled to costs under Order 20, rule 2(2) or 3(2A) the amount of those costs may be assessed by the court without taxation and may be ordered to be paid forthwith.

(2)

Where costs are assessed under paragraph (1), the court may allow such sums as it thinks reasonable.

(3)

No order may be made under paragraph (1) in a case where the person against whom the order is made is an assisted person within the meaning of the statutory provisions relating to legal aid.”.