Q&As

What are the provisions and procedural rules governing costs recovery in CPR Part 8 proceedings?

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Published on LexisPSL on 28/11/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the provisions and procedural rules governing costs recovery in CPR Part 8 proceedings?
  • Part 8 CPR
  • Summary assessment
  • Summary assessment—statement of costs
  • Consent orders
  • Duties of parties and legal representatives

What are the provisions and procedural rules governing costs recovery in CPR Part 8 proceedings?

We have assumed that this Q&A is not referring to detailed assessment of solicitors bills (in respect of which applications are issued under CPR Part 8), or costs only proceedings issued under CPR Part 8.

In conducting our research we have focussed on costs recovery following an application hearing in proceedings under CPR Part 8 generally, as opposed to the specific provisions governing costs recovery in costs only proceedings under CPR Part 8.

Part 8 CPR

CPR Part 8 provides for an alternative procedure for certain claims. CPR 8.9 further provides that various rules in the CPR do not apply to CPR Part 8 claims. We note that CPR 8.9 does not state that the general rules regarding costs do not apply to CPR Part 8 claims. We have been unable find any information which suggests that costs recovery following an application hearing under CPR Part 8 follows a different process to CPR Part 7 claims.

Newall v Lewis supports this conclusion. In this case, the claimants, who were beneficiaries under certain family settlements, issued CPR Part 8 proceedings against the defendants, seeking their removal as trustees. On 10 May 2006, the proceedings were compromised upon terms contained in a consent order. The issue that arose was in relation to whether the consent order

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