Costs-only proceedings (Part 8)

Published by a LexisNexis Dispute Resolution expert
Practice notes

Costs-only proceedings (Part 8)

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note explains Costs only proceedings and the procedure to be followed. The costs only procedure allows a Part 8 claim to be brought so the parties can obtain a costs order enabling them to subsequently commence Detailed assessment. The costs-only procedure is set out in Section IV of CPR 46 at CPR 46.14 which sets out a list of Requirements which need to be met prior to commencing the costs only procedure. This includes settlement of all issues in dispute except for the costs incurred pre-action and for no proceedings to have been commenced. The procedure cannot be used if costs are payable pursuant to a contract (CPR 44.5).

Purpose of costs only Part 8 proceedings

The costs only (Part 8) procedure is intended to provide a simple and convenient means of resolving a costs dispute that is brought with the consent of both parties. Costs only proceedings are used by a party to recover pre-action costs where the parties have agreed to settle the dispute before the commencement of proceedings but have been unable to agree

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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