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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