[F1PART 46E+WCOSTS –SPECIAL CASES

Textual Amendments

SECTION IE+WCosts Payable by or to Particular Persons

Costs where money is payable by or to a child or protected partyE+W

46.4.—(1) This rule applies to any proceedings where a party is a child or protected party and—

(a)money is ordered or agreed to be paid to, or for the benefit of, that party; or

(b)money is ordered to be paid by that party or on that party’s behalf.

(“Child” and “protected party” have the same meaning as in rule 21.1(2).)

(2) The general rule is that—

(a)the court must order a detailed assessment of the costs payable by, or out of money belonging to, any party who is a child or protected party; and

(b)on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—

(i)the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii)the costs are payable in proceedings to which Section II or Section III of Part 45 applies.

(3) The court need not order detailed assessment of costs in the circumstances set out in [F2paragraph (5) or in] Practice Direction 46.

(4) Where—

(a)a claimant is a child or protected party; and

(b)a detailed assessment has taken place under paragraph (2)(a),

the only amount payable by the child or protected party is the amount which the court certifies as payable.

[F3(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.]

(This rule applies to a counterclaim by or on behalf of a child or protected party by virtue of rule 20.3.)]

Textual Amendments