Where, before court proceedings are commenced, the parties to a dispute reach agreement on all other issues, either party may bring “costs only” proceedings (CPR 46.14).
It is not appropriate for either party to bring such proceedings unless:
(i) the parties have reached an agreement on all the issues, including which party is to pay the costs;
(ii) that agreement has been made or confirmed in writing; and
(iii) no proceedings must have been started and the parties, after a proper attempt at agreement, must have failed to agree the amount of the costs.
Two distinct steps are required: first an application under CPR Part 8 seeking an order for costs and secondly detailed assessment of those costs.
Excerpt from the Senior Courts Costs Office Guide 2021
OTHER EXTRACTS
Cases transferred from other courts: Assessment of costs awarded by other tribunals and bodies
GuidanceCases transferred from other courts: Assessment of costs awarded in the High Court and County Court
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Specimen forms of order
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Statement of resources
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Response by the Lord Chancellor
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Further procedure where a statement of resources by the legally aided party is filed or is not required
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Effect of non compliance by the legally aided party
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: The response by the legally aided party
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Orders which a costs judge or district judge may subsequently make
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Costs against the Lord Chancellor
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Orders which the court awarding costs may make
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: The Legal Aid Sentencing and Punishment of Offenders Act 2012 and the regulations
GuidanceLegal Aid cases: Procedure where costs are payable by another person as well as out of the legal aid fund
GuidanceLitigants in Person: Calculation of charges for time spent by a litigant in person preparing the case
GuidanceApplication concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in requesting a detailed assessment hearing
GuidanceApplications concerning misconduct or wasted costs: Deciding whether to make a wasted costs order
GuidanceApplications concerning misconduct or wasted costs: Procedural steps on applications for a wasted costs order
GuidanceApplications concerning misconduct or wasted costs: Principles on which wasted costs orders are made
GuidanceApplications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders
GuidanceApplications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives
GuidanceApplying to set aside a default costs certificate: Orders and directions on set aside applications
GuidanceObtaining a payment on account or an interim costs certificate: Time for payment and enforcement
GuidanceObtaining a payment on account or an interim costs certificate: Form of interim costs certificate
GuidanceApplication concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings
GuidanceTMC Legal
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