Costs Only Proceedings
Part 44.12A Costs Only Proceedings is one of the costs rules that, after some initial teething problems, works very well. That hasn’t stopped the rules committee deciding to tinker. It’s not remotely clear why.
Gone is the old CPR 44.12A(2):
“Either party to the agreement may start proceedings under this rule…”
Does this mean paying parties can no longer get things going? If this was a deliberate decision, why was it taken? Are paying parties now unable to take any positive step to progress matters where a receiving party drags their heels?