Part 43
SCOPE OF COST RULES AND DEFINITIONS
See also Practice Direction 43--48
| This Part is referred to in: Part 44 (44.1), PDP 02b (3.1), PDP 07 (3.9), PDP 08 (4.2), PDP 15 (1.4), PDP 16 (13.3), PDP 26 (2.1), (7.4), PDP 42 (2.7), PDP 43 (1.1), PDP 51 (18), (18), PDP 69 (9.2), Civil Recovery PD (7.3), (7B.2), Chancery Guide - Chap 1 (1.11), Chancery Guide - Chap 11 (11.2), (kr1), QB Guide - Chapter 2 (2.5), Comm Ct Guide - Pt F (F14.2), Comm Ct Guide - Pt J (J13.2), SCCO costs guide - Section 2 (2.14), 1-800 Flowers Inc v Phonenames Ltd [2], BA v British Coal Corporation [33], [33], Contractreal v Davies [62], Home Office v Lownds [16], Malkinson v Trim [18], [18], Norris v Norris [5], The Queen v Secretary of State for Trade and Industry [64]. |
SCOPE OF THIS PART
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43.1 |
This Part contains definitions and interpretation of certain matters set out in the rules about costs contained in Parts 44 to 48. |
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DEFINITIONS AND APPLICATION
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43.2 |
| (1)
| In Parts 44 to 48, unless the context otherwise requires ---
| (d)
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| (ii)
| a district registry; |
| (iii)
| the Principal Registry of the Family Division; or |
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| (e)
| 'fund' includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or personal representative is entitled in his capacity as such; |
| (h)
| 'assisted person' means an assisted person within the statutory provisions relating to legal aid; |
| (i)
| 'LSC funded client' means an individual who receives services funded by the Legal Services Commission as part of the Community Legal Service within the meaning of Part I of the Access to Justice Act 1999; |
| (k)
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| (ii)
| taken out an insurance policy to which section 29 of the Access to Justice Act 1999 (recovery of insurance premiums by way of costs) applies; or |
| (iii)
| made an agreement with a membership organisation to meet his legal costs; |
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| (m)
| 'insurance premium' means a sum of money paid or payable for insurance against the risk of incurring a costs liability in the proceedings, taken out after the event that is the subject matter of the claim; |
| (n)
| 'membership organisation' means a body prescribed for the purposes of section 30 of the Access to Justice Act 1999 (recovery where body undertakes to meet costs liabilities); and |
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| (2)
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| (a)
| the following costs where those costs may be assessed by the court --- |
| (b)
| costs which are payable by one party to another party under the terms of a contract, where the court makes an order for an assessment of those costs. |
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| (4)
| In paragraph (3), the reference to a conditional fee agreement is to an agreement which satisfies all the conditions applicable to it by virtue of section 58 of the Courts and Legal Services Act 1990( 2). |
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| This Rule is referred to in: Part 07 (7.2), Part 08 (8.2), (8.3), Part 15 (15.6), Part 16 (16.2), Part 21 (21.12), (21.12), Part 42 (42.2), Part 44 (44.3A), Part 45 (45.15), (45.15), (45.21), (45.23), (45.24), Part 46 (46.3), Part 74 (74.13), PDP 26 (2.1), PDP 43 (2.1), (6.2), PDP 44 (22.3), PDP 48 (57.8), Protocols PD (4A.1), Guide to Summary Assessment of Costs (74), SCCO costs guide - Section 19 (19.1), (19.2), SCCO costs guide - Section 2 (2.1), Agassi v Robinson [59], Atack v Grecham [3], BA v British Coal Corporation [33], [33], Bensusan v Freedman [37], Callery v Gray (No 2) [73], Callery v Gray HL [84], Callery v Gray [27], Crosbie v Munroe [33], Halloran v Delaney [9], King v Telegraph [78], Ku v Liverpool City Council [41], Leigh v Michelin Tyre Plc [4], Re Claims Direct Test Cases (CA) [24], [25], Re Claims Direct Test Cases [13], [13]. |
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This Rule is referred to in the following SIs: Civil Procedure (Amendment No 3) Rules 2000 (11), (21), (44), Civil Procedure (Amendment No. 2) Rules 2003 (Notes), (Notes), Civil Procedure (Amendment No. 2) Rules 2004 (11), (15), (15), Civil Procedure (Amendment No. 3) Rules 2003 (3), (Notes), Civil Procedure (Amendment No. 3) Rules 2005 (25), (25), (55), (55), Civil Procedure (Amendment No. 4) Rules 2003 (10), (19), (19), (19), Civil Procedure (Amendment No. 5) Rules 2001 (41), (41), (43), Civil Procedure (Amendment) Rules 2001 (14), Civil Procedure (Amendment) Rules 2002 (36), Civil Procedure (Amendment) Rules 2007 (22), (22), Civil Procedure Amendment Rules 2004 (21), (21), (21). |
Definition of "costs officer"
in Rule 43.2(1)(c) and "authorised costs officer" in 43.2(1)(d) modified in
relation to applications to Court of Protection by Court of Protection Rules
2001, Minor amendments made and new Paragraph (2) added to Rule 43.2 w/e from 2 June 2003, Modification to sub-para (1)(j) w/e from 6 October 2003, Rule 43.2 amended with effect from 26 March 2001. |

MEANING OF SUMMARY ASSESSMENT
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43.3 | |

MEANING OF DETAILED ASSESSMENT
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43.4 | |
FOOTNOTES
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1
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1990 c. 41. Section 58 was substituted by section 27 of the Access to Justice Act 1999 with effect from 1st April 2000 (the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000, S.I. 2000/774 and the Access to Justice Act 1999 (Transitional Provisions) Order 2000, S.I. 2000/900).  |
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2
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1990 c.41, as substituted by s.27(1) of the Access to Justice Act 1999 (c.22).  |
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