5. In rule 46.4—
(a)in paragraph (3), before “Practice Direction 46” insert “paragraph (5) or in”; and
(b)after paragraph (4) insert—
“(5) Where the costs payable comprise only the success fee claimed by the child’s or protected party’s legal representative under a conditional fee agreement or the balance of any payment under a damages based agreement, the court may direct that—
(a)the assessment procedure referred to in rule 46.10 and paragraph 6 of Practice Direction 46 shall not apply; and
(b)such costs be assessed summarily.”.