Either party may start costs only proceedings. The claim should be issued in the court in which the main proceedings would have been heard if they had been necessary.

The Part 8 claim form (form N208) must:

(i) identify the claim or dispute to which the agreement to pay costs relates;
(ii) state the date and terms of the agreement on which the claimant relies;
(iii) set out a draft of the order sought;
(iv) state the amount of the costs claimed; and
(v) state whether costs are claimed on the standard or the indemnity basis.

The evidence filed in support of the claim must include copies of the documents relied upon to prove the agreement to pay costs.