(1) In this
rule —
costs includes disbursements.
(2) If a party does
not file a document required by these rules within the time specified for
doing so in —
(a)
these rules; or
(b) an
order made under these rules, other than an order that extends any such time,
the party is not
entitled to the costs of preparing and filing the document unless the Court of
Appeal orders otherwise.
(2A) If —
(a) an
order made under these rules extends the time for filing a document specified
in these rules or in an order made under them; and
(b) the
document is filed within that extended time,
the party who filed it
is entitled to the costs of preparing and filing the document unless the order
extending time is accompanied by an order that, unless the Court of Appeal
orders otherwise, the party is not so entitled.
(3) Subrules (2) and
(2A) do not prevent the Court of Appeal from making an order under the RSC
Order 66 rule 5 in respect of the costs of preparing and filing the document
concerned.
(4) The costs of
preparing and settling the indexes to, and of preparing, filing and serving,
the appeal book are costs in the appeal unless the Court of Appeal orders
otherwise.
(5) The costs of
copies of unnecessary documents or of copies of unnecessary parts of documents
will not be allowed.
[Rule 66 amended: Gazette
22 Aug 2017 p. 4536‑7.]