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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Court’s powers in relation to misconduct

44.14—(1) The court may make an order under this rule where—

(a)a party or his legal representative fails to conduct detailed assessment proceedings in accordance with Part 47 or any direction of the court; or

(b)it appears to the court that the conduct of a party or his legal representative, before or during the proceedings which gave rise to the assessment proceedings, was unreasonable or improper.

(2) Where paragraph (1) applies, the court may—

(a)disallow all or part of the costs which are being assessed; or

(b)order the party at fault or his legal representative to pay costs which he has caused any other party to incur.

(3) Where—

(a)the court makes an order under paragraph (2) against a legally represented party; and

(b)the party is not present when the order is made,

the party’s solicitor must notify his client in writing of the order no later than 7 days after the solicitor receives notice of the order.

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