The Civil Procedure Rules 1998

PART 43 SCOPE OF COST RULES AND DEFINITIONS

Contents of this Part

Scope of this Part	Rule 43.1
Definitions and application	Rule 43.2
Meaning of summary assessment	Rule 43.3
Meaning of detailed assessment	Rule 43.4

Scope of this Part

43.1  This Part contains definitions and interpretation of certain matters set out in the rules about costs contained in Parts 44 to 48.

(Part 44 contains general rules about costs; Part 45 deals with fixed costs; Part 46 deals with fast track trial costs; Part 47 deals with the detailed assessment of costs and related appeals and Part 48 deals with costs payable in special cases)

Definitions and application

43.2—(1) In Parts 44 to 48, unless the context otherwise requires—

(a) “costs” includes fees, charges, disbursements, expenses,remuneration, reimbursement allowed to a litigant in person under rule 48.6 and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track;

(b) “costs judge” means a taxing master of the Supreme Court;

(c) “costs officer” means—

(i) a costs judge;

(ii) a district judge; and

(iii) an authorised court officer;

(d) “authorised court officer” means any officer of—

(i) a county court;

(ii) a district registry;

(iii) the Principal Registry of the Family Division; or

(iv) the Supreme Court Costs Office,

whom the Lord Chancellor has authorised to assess costs.

(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;

(f) “receiving party” means a party entitled to be paid costs;

(g) “paying party” means a party liable to pay costs;

(h) “assisted person” means an assisted person within the statutory provisions relating to legal aid; and

(i) “fixed costs” means the amounts which are to be allowed in respect of solicitors' charges in the circumstances set out in Part 45.

(2) The costs to which Parts 44 to 48 apply include—

(a) the following costs where those costs may be assessed by the court—

(i) costs of proceedings before an arbitrator or umpire;

(ii) costs of proceedings before a tribunal or other statutory body; and

(iii) costs payable by a client to his solicitor; and

(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.

Meaning of summary assessment

43.3  “ Summary assessment” means the procedure by which the court, when making an order about costs, orders payment of a sum of money instead of fixed costs or “detailed assessment”.

Meaning of detailed assessment

43.4  “ Detailed assessment” means the procedure by which the amount of costs is decided by a costs officer in accordance with Part 47.