Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—
shall be in the discretion of the court.
Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs..
The court shall have full power to determine by whom and to what extent the costs are to be paid.
In subsections (1) and (2) "proceedings" includes the administration of estates and trusts.
Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.
In any proceedings mentioned in susbsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.
In subsection (6), "wasted costs" means any costs incurred by a party—
Where the court exercises a power under subsection (6) in relation to costs incurred by a party, it must inform such of the following as it considers appropriate—
Where—
the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.
Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question—
The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.
Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.
No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.
In subsection (7A)—
"approved regulator" has the meaning given by section 20 of the Legal Services Act 2007;
"the Director of Legal Aid Casework" means the civil servant designated under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
In this section "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.