The court may make an order in the terms of the claim without the necessity of a hearing if:
(i) the defendant fails to file an acknowledgment of service within the time allowed to do so and the claimant has written to the court requesting an order; or
(ii) the defendant files an acknowledgment of service stating that he does not contest the making of an order in the terms of the claim; or
(iii) a consent order under CPR 40.6 is filed which is signed by or on behalf of all parties provided that none of them is a litigant in person and the approval of the court is not required by any other rule.
In costs only proceedings to which CPR 45 Sections II or III apply, the court must assess the costs in the manner set out in those sections. This means that only certain fixed recoverable costs and disbursements will be allowed unless an application for greater amounts is made and the court considers that there are exceptional circumstances making it appropriate to allow such costs.
If the defendant opposes the claim, the defendant must file a witness statement in accordance with CPR 8.5(3). The court will then give directions. The claim is likely to be dismissed if there are issues in dispute between the parties going beyond the amount of costs to be allowed. A claim will not be treated as opposed and therefore dismissed merely because the defendant states in an acknowledgment of service that he disputes the amount of the claim for costs.
A standard form of order commonly made in the SCCO under CPR 46.14 is illustrated in Appendix AB.