Section 45.64

Where, in a claim to which this Part applies, the parties have reached an agreement made or confirmed in writing on all issues except the amount of costs or disbursements to be allowed under this Part, the receiving party may apply for the amount of those costs or disbursements to be determined in accordance with this rule. Where proceedings have been started, the application must be made in those proceedings under Part 23 as modified by this rule. Where proceedings have not been started, the application must be made by the commencement of costs only proceedings under rule 46.14 as modified by this rule. Save where the court directs to the contrary— the evidence in support of the application must— be served with the application; and include the written agreement or confirmation, together with a completed Precedent U containing details of the costs or disbursements to which the applicant claims to be entitled and, if applicable, the details of any claim under rule 45.9, rule 45.10 or rule 45.13; any evidence in response to the application must be filed and served— and must include a completed response to the applicant’s Precedent U; within 21 days of service of the application where proceedings have been started; or within 21 days of filing the acknowledgment of service where proceedings have not been started, the application shall be determined without a hearing; and the costs which the court may allow for the application are those set out in Table 17 in Practice Direction 45 and any appropriate court fee. The court shall record its determination of the application by annotating Precedent U with its decision noted against each item claimed, which must be served on the parties together with a notice stating that any party who wishes to challenge any aspect of the determination must file and serve a written request for a hearing. Any request for a hearing must— and if no such request is filed and served within that period, the determination shall be binding upon the parties. be made within 21 days of service of the notice; identify the decisions in the determination which the party wishes the court to reconsider; and provide a time estimate for the hearing, The court shall fix a date for the hearing and give at least 14 days’ notice of the hearing. The court must order the requesting party to pay the costs of and incidental to the hearing unless they achieve an adjustment in their own favour that is at least 20% of the sum determined under paragraph (5). For the purposes of any order for costs made in respect of the hearing, the application is to be treated as an interim application under rule 45.8 and the amount payable shall be determined summarily at the hearing.

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