Where, before court proceedings are commenced, the parties to a dispute reach agreement on all other issues, either party may bring “costs only” proceedings (CPR 46.14).
It is not appropriate for either party to bring such proceedings unless:
(i) the parties have reached an agreement on all the issues, including which party is to pay the costs;
(ii) that agreement has been made or confirmed in writing; and
(iii) no proceedings must have been started and the parties, after a proper attempt at agreement, must have failed to agree the amount of the costs.
Two distinct steps are required: first an application under CPR Part 8 seeking an order for costs and secondly detailed assessment of those costs.