Assessment Where no Proceedings

Rule 17 of the Civil Procedure (Amendment No 3) Rules 2000 from 3 July introduces a new CPR 44.12A which contains a useful new procedure to be followed where the parties to a dispute have reached an agreement on all issues, including which party is to pay the costs, but have failed to agree the amount of the costs where no proceedings have been started. In these circumstances either party may start proceedings by issuing a claim form in accordance with Part 8. The claim form must contain or be accompanied by the agreement or confirmation. The court may either make an order for costs or dismiss the claim. It must dismiss the claim if the application is opposed.