(1) On determining any application except at a case management conference, pre-trial review or the trial, the court must —
(a) decide which party, if any, should pay the costs of that application;
(b) assess the amount of such costs; and
(c) direct when such costs are to be paid.
(2) In deciding which party, if any, should pay the costs of the application the general rule is that the unsuccessful party must pay the costs of the successful party.
(3) The court must take into account all the circumstances including the factors set out in rule 64.6(6) but where the application is —
(a) an application to amend a statement of case;
(b) an application to extend the time specified for doing any act under these rules or an order or direction of the court;
(c) an application for relief under rule 26.8 (relief from sanctions); or
(d) one that could reasonably have been made at a case management conference or pretrial review,
the court must order the applicant to pay the costs of the respondent unless there are special circumstances.
(4) In assessing the amount of costs to be paid by any party, the court must take into account any representations as to the time that was reasonably spent in making the application and preparing for and attending the hearing and must allow such sum as it considers fair and reasonable.
(5) A party seeking assessed costs must supply to the court and to all other parties a brief statement showing —
(a) any fees incurred by their legal practitioner;
(b) how that party's legal practitioner's costs are calculated; and
(c) the disbursements incurred.
(6) The statement under paragraph (5) must comply with any relevant practice direction.