PART 3 Costs of appeals in the Court of Appeal: England and Wales

CHAPTER 4 Third party costs orders: procedure

30 Procedure for third party costs orders
1 This article applies where a person who is a party to the appeal applies to the Court of Appeal for a third party costs order or the Court of Appeal decides that it might make a third party costs order of its own initiative.
2 An application for a third party costs order shall be in writing and shall contain—
(a) the name and address of the applicant;
(b) the names and addresses of the other persons who are parties to the appeal;
(c) the name and address of the third party against whom the order is sought;
(d) the date of the end of the proceedings before the Court of Appeal; and
(e) a summary of the facts upon which the applicant intends to rely in making the application, including details of the alleged misconduct of the third party.
3 The application shall be sent to the registrar and, upon receiving it, the registrar shall serve copies of it on the third party and the other persons who are parties to the appeal.
4 Where the Court of Appeal decides that it might make a third party costs order of its own initiative the registrar shall serve notice in writing accordingly on the third party and the persons who are parties to the appeal.
5 At the same time as serving notice under paragraph (4) the registrar shall serve a summary of the reasons why the Court of Appeal might make a third party costs order, including details of the alleged misconduct of the third party.
6 When the registrar serves copies of an application under paragraph (3) or serves notice under paragraph (4) the registrar shall at the same time serve notice on the persons who are parties to the appeal and the third party of the time and place fixed for the hearing.
7 At the time notified the Court of Appeal may proceed in the absence of the third party and of any person who is a party to the appeal if it is satisfied that they have been duly served with the notice given under paragraph (6) and the copy of the application or (as the case may be) the notices given under paragraphs (3) and (4), but the Court of Appeal may set aside any third party costs order if it is later shown that the third party did not receive them.