The Civil Procedure (Amendment No. 3) Rules 2000

Amendments to Civil Procedure Rules 1998

17.  After rule 44.12, insert—

“Costs-only proceedings

44.12A— (1) This rule sets out a procedure which may be followed where—

(a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

(b) they have failed to agree the amount of those costs; and

(c) no proceedings have been started.

(2) Either party to the agreement may start proceedings under this rule by issuing a claim form in accordance with Part 8.

(3) The claim form must contain or be accompanied by the agreement or confirmation.

(4) In proceedings to which this rule applies the court—

(a) may

(i) make an order for costs; or

(ii) dismiss the claim;

• and

(b) must dismiss the claim if it is opposed.

(5) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule. (Rule 7.2 provides that proceedings are started when the court issues a claim form at the request of the claimant)

(Rule 8.1(6) provides that a practice direction may modify the Part 8 procedure)”.