(The definitions contained in Part 43 are relevant to this Part)

This paragraph applies where a person applies ---

The general rule is that the court will award the person against whom the order is sought his costs ---

The court may however make a different order, having regard to all the circumstances, including ---

Where the court is considering whether to exercise its power under Section 51 of the Supreme Court Act 1981^ActsActs(⁵) ( costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings ---

This rule does not apply ---

Where the court assesses (whether by the summary or detailed procedure) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which ---

(The costs practice direction^pdp-43 sets out circumstances where the court may order otherwise)

This rule does not apply where the contract is between a solicitor and his client.

This rule applies where ---

The general rule is that he 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 he is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.

This rule applies to any proceedings where a party is a child or protected party and ---

('Child' and 'protected party' have the same meaning as in rule 21.1(2)

The general rule is that ---

The court need not order detailed assessment of costs in the circumstances set out in the costs practice direction^pdp-43.

Where ---

(This rule applies to a counterclaim by or on behalf of a child or protected party by virtue of rule 20.3)

This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

The litigant in person shall be allowed ---

The amount of costs to be allowed to the litigant in person for any item of work claimed shall be ---

A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

For the purposes of this rule, a litigant in person includes ---

This rule applied where the court has made a Group Litigation Order ('GLO').

In this rule ---

Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability ^(GL) for an equal proportion of those common costs.

The general rule is that where a group litigant is the paying party, he will, in addition to any costs he is liable to pay to the receiving party, be liable for ---

Where the court makes an order about costs in relation to any application or hearing which involved ---

the court will direct the proportion of the costs that is to relate to common costs and the proportion that is to relate to individual costs.

Where common costs have been incurred before a claim is entered on the group register, the court may order the group litigant to be liable for a proportion of those costs.

Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register. (Part 19 sets out rules about group litigation.)

This rule applies where the court is considering whether to make an order under section 51(6) of the Supreme Court Act 1981^Acts(⁷) (court's power to disallow or (as the case may be) order a legal representative to meet, 'wasted costs').

The court must give the legal representative a reasonable opportunity to attend a hearing to give reasons why it should not make such an order.

Omitted

When the court makes a wasted costs order, it must ---

The court may direct that notice must be given to the legal representative's client, in such manner as the court may direct ---

Before making a wasted costs order, the court may direct a costs judge or a district judge to inquire into the matter and report to the court.

The court may refer the question of wasted costs to a costs judge or a district judge, instead of making a wasted costs order.

This rule applies to every assessment of a solicitor's bill to his client except a bill which is to be paid out of the Community Legal Service Fund under the Legal Aid Act 1988^Acts(⁸) or the Access to Justice Act 1999(⁹)-- and

Section 74(3) of the Solicitors Act 1974^Acts(a) applies unless the solicitor and client have entered into a written agreement which expressly permits payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings.

Subject to paragraph (1A), costs are to be assessed on the indemnity basis but are to be presumed ---

Where the court is considering a percentage increase, whether on the application of the legal representative under rule 44.16 or on the application of the client, the court will have regard to all the relevant factors as they reasonably appeared to the solicitor or counsel when the conditional fee agreement was entered into or varied.

In paragraph (3), 'conditional fee agreement' means an agreement enforceable under section 58 of the Courts and Legal Services Act 1990(a) at the date on which that agreement was entered into or varied.

This rule sets out the procedure to be followed where the court has made an order under Part III of the Solicitors Act 1974^Acts(¹⁰)for the assessment of costs payable to a solicitor by his client.

The solicitor must serve a breakdown of costs within 28 days of the order for costs to be assessed.

The client must serve points of dispute within 14 days after service on him of the breakdown of costs.

If the solicitor wishes to serve a reply, he must do so within 14 days of service on him of the points of dispute.

Either party may file a request for a hearing date ---

This procedure applies subject to any contrary order made by the court.