The Civil Procedure (Amendment) Rules 2024

Amendment of Part 45

9.—(1) In the table of contents to this Part—

(a) after the entry for rule 45.15, insert—

“Restoration proceedings

45.15A”; and

(b) omit the entry for rule 45.56.

(2) In rule 45.1—

(a) in paragraph (3), in the full-out—

(i) after “subject to”, insert “rule 44.5 and to”; and

(ii) after “Practice Direction 45”, insert “, unless the paying party and the receiving party have each expressly agreed that this Part should not apply”;

(b) in paragraph (8), for “A” substitute “Subject to paragraph (9), a”; and

(c) after paragraph (8), insert—

“(9) In respect of any amendment made to Table 12, Table 14 or Table 15 which comes into force on 6th April 2024, the amounts in those Tables as so amended are also applicable to any order for costs made after that date in a claim issued before that date.

(10) This Part does not apply to costs incurred in respect of, or in connection with, inquest proceedings.”.

(3) In rule 45.5—

(a) in paragraph (6)(b)—

(i) for “amounts” substitute “costs”; and

(ii) after “rule 36.24” insert “or increased costs under rule 45.13(2)”; and

(b) in paragraph (8)—

(i) after “is entitled to” insert “either”; and

(ii) after “rule 45.13(2),” insert “or to both,”.

(4) After rule 45.15, insert—

“Restoration proceedings

45.15A.— (1) This rule applies to claims to which Section VI, Section VII or Section VIII apply.

(2) Where—

(a) it is necessary for the claimant to make an application in separate proceedings to restore a defendant company to the Companies Register; and

(b) the claimant is successful in their claim and obtains an order for costs against that defendant,

the fixed costs may include the amount specified in Table 15A (inclusive of any advocate’s fees incurred) in respect of the restoration proceedings, together with the disbursements allowed under paragraph (2) of that Table.”.

(5) In rule 45.30, for “36.29” substitute “36.30”.

(6) In rule 45.37, for “36.29” substitute “36.30”.

(7) Omit rule 45.56.

(8) In rule 45.59, for “In a claim” substitute “Subject to rule 45.15A, in a claim”.

(9) In rule 45.60, for “In a claim” substitute “Subject to rule 45.15A, in a claim”.

(10) In rule 45.61—

(a) in paragraph (1), for “paragraph (2)” substitute “rule 45.15A”; and

(b) omit paragraph (2).