Section 45.36

This rule applies where an application is made under rule 45.40 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F). Where the settlement is more than the defendant’s relevant Protocol offer the court shall order the defendant to pay— the Stage 1 and 2 fixed costs where not already paid by the defendant; the Stage 3 Type A fixed costs; and disbursements allowed in accordance with Section IX of this Part. Where the settlement is less than or equal to the defendant’s relevant Protocol offer the court shall order the defendant to pay— the Stage 1 and 2 fixed costs where not already paid by the defendant; and disbursements allowed in accordance with Section IX of this Part. The court may, in its discretion, order either party to pay the costs of the application.

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Source: legislation.gov.uk · retrieved 2026-08-15