Rule 76 The amount of a costs orderI1

England, Wales and Scotland

(1)

A costs order may order the paying party to pay—

(a)

the receiving party a specified amount, not exceeding £20,000, in respect of the costs of the receiving party;

(b)

the receiving party the whole or a specified part of the costs of the receiving party, with the amount to be paid being determined—

(i)

in England and Wales, by way of detailed assessment carried out either by a county court in accordance with the Civil Procedure Rules 1998^f1, or by the Tribunal applying the same principles;

(ii)

in Scotland, by way of taxation carried out either by the auditor of court in accordance with the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019^f2, or by the Tribunal applying the same principles;

(c)

another party or a witness, as appropriate, a specified amount in respect of necessary and reasonably incurred expenses for the purpose of, or in connection with, an individual’s attendance as a witness at a hearing;

(d)

an amount agreed between the paying party and the receiving party in respect of the receiving party’s costs.

(2)

Where the costs order includes an amount in respect of fees charged by a lay representative, for the purposes of the calculation of the order, the hourly rate applicable for the fees of the lay representative must not exceed the rate under rule 77 (2) (the amount of a preparation time order).

(3)

A costs order under sub-paragraphs (b) to (d) of paragraph (1) may exceed £20,000.

Annotations

Commencement

I1: Rule 76 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)

Footnotes

f1: S.I. 1998/3132.
f2: S.S.I. 2019/75.