F1PART 44General Rules about Costs

Annotations:
Amendments (Textual)
F1

Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

SECTION IGeneral

Court’s powers in relation to misconduct44.11

1

The court may make an order under this rule where—

a

a party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; or

b

it appears to the court that the conduct of a party or that party’s legal representative, before or during the proceedings or in 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 that party’s legal representative to pay costs which that party or legal representative 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 legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.