Section 45.40

This rule sets out the procedure where— 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 they have failed to agree the amount of those costs; and proceedings have been started under Part 8 in accordance with Practice Direction 49F. Either party may make an application for the court to determine the costs. Where an application is made under this rule the court shall determine the costs in accordance with the relevant provisions in rule 45.31 in so far as that rule applies to proceedings started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer or rule 45.36. Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

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