The Civil Procedure Rules 1998

[F1 PART 45 E+W FIXED COSTS

Textual Amendments

F1 Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Contents of this Part
Title	Number
I FIXED COSTS
Scope of this Section	Rule 45.1
Amount of fixed commencement costs in a claim for the recovery of money or goods	Rule 45.2
When defendant only liable for fixed commencement costs	Rule 45.3
Costs on entry of judgment in a claim for the recovery of money or goods	Rule 45.4
Amount of fixed commencement costs in a claim for the recovery of land or a demotion claim	Rule 45.5
Costs on entry of judgment in a claim for the recovery of land or a demotion claim	Rule 45.6
Miscellaneous fixed costs	Rule 45.7
Fixed enforcement costs	Rule 45.8
II ROAD TRAFFIC ACCIDENTS – FIXED RECOVERABLE COSTS
Scope and interpretation	Rule 45.9
Application of fixed recoverable costs	Rule 45.10
Amount of fixed recoverable costs	Rule 45.11
Disbursements	Rule 45.12
Claims for an amount of costs exceeding fixed recoverable costs	Rule 45.13
Failure to achieve costs greater than fixed recoverable costs	Rule 45.14
Costs of the costs-only proceedings or the detailed assessment	Rule 45.15
III PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
Scope and interpretation	Rule 45.16
Application of fixed costs, disbursements	Rule 45.17
Amount of fixed costs	Rule 45.18
Disbursements	Rule 45.19
Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offer	Rule 45.20
Settlement at Stage 2 where the claimant is a child	Rule 45.21
Settlement at Stage 3 where the claimant is a child	Rule 45.22
Where the court orders the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child	Rule 45.23
Failure to comply or electing not to continue with the RTA Protocol – costs consequences	Rule 45.24
Where the parties have settled after proceedings have started	Rule 45.25
Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer	Rule 45.26
Adjournment	Rule 45.27
Account of payment of Stage 1 fixed costs	Rule 45.28
Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B	Rule 45.29
IV SCALE COSTS FOR CLAIMS IN A PATENTS COUNTY COURT
Scope and interpretation	Rule 45.30
Amount of scale costs	Rule 45.31
Summary assessment of the costs of an application where a party has behaved unreasonably	Rule 45.32
V FIXED COSTS: HM REVENUE AND CUSTOMS
Scope, interpretation and application	Rule 45.33
Amount of fixed commencement costs in a county court claim for the recovery of money	Rule 45.34
Costs on entry of judgment in a county court claim for recovery of money	Rule 45.35
When the defendant is only liable for fixed commencement costs	Rule 45.36
VI FAST TRACK TRIAL COSTS
Scope of this Section	Rule 45.37
Amount of fast track trial costs	Rule 45.38
Power to award more or less than the amount of fast track trial costs	Rule 45.39
Fast track trial costs where there is more than one claimant or defendant	Rule 45.40
VII COSTS LIMITS IN AARHUS CONVENTION CLAIMS
Scope and interpretation	Rule 45.41
Opting out	Rule 45.42
Limit on costs recoverable from a party in an Aarhus Convention claim	Rule 45.43
Challenging whether the claim is an Aarhus Convention claim	Rule 45.44

SECTION I E+W Fixed Costs

Scope of this Section E+W

45.1.— (1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of legal representatives’ charges.

(2) This Section applies where—

(a) the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and—

(i) judgment in default is obtained under rule 12.4(1);

(ii) judgment on admission is obtained under rule 14.4(3);

(iii) judgment on admission on part of the claim is obtained under rule 14.5(6);

(iv) summary judgment is given under Part 24;

(v) the court has made an order to strike out a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

(vi) rule 45.4 applies;

(b) the only claim is a claim where the court gave a fixed date for the hearing when it issued the claim and judgment is given for the delivery of goods, and the value of the claim exceeds £25;

(c) the claim is for the recovery of land, including a possession claim under Part 55, whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed commencement costs stated in the claim form;

(d) the claim is for the recovery of land, including a possession claim under Part 55, where one of the grounds for possession is arrears of rent, for which the court gave a fixed date for the hearing when it issued the claim and judgment is given for the possession of land (whether or not the order for possession is suspended on terms) and the defendant—

(i) has neither delivered a defence, or counterclaim, nor otherwise denied liability; or

(ii) has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent;

(e) the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability;

(f) the claim is a demotion claim under Section III of Part 65 or a demotion claim is made in the same claim form in which a claim for possession is made under Part 55 and that demotion claim is successful; or

(g) a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order.

(Practice Direction 7B sets out the types of case where a court will give a fixed date for a hearing when it issues a claim.)

(3) No sum in respect of legal representatives’ charges will be allowed where the only claim is for a sum of money or goods not exceeding £25.

(4) Any appropriate court fee will be allowed in addition to the costs set out in this Section.

(5) The claim form may include a claim for fixed commencement costs.

Amount of fixed commencement costs in a claim for the recovery of money or goods E+W

45.2.— (1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(a) or (b) applies—

(a) will be calculated by reference to Table 1; and

(b) the amount claimed, or the value of the goods claimed if specified, in the claim form is to be used for determining the band in Table 1 that applies to the claim.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 1

Fixed costs on commencement of a claim for the recovery of money or goods
Relevant band	Where the claim form is served by the court or by any method other than personal service by the claimant	Where – the claim form is served personally by the claimant; and there is only one defendant	Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
Where— the value of the claim exceeds £25 but does not exceed £500	£50	£60	£15
Where— the value of the claim exceeds £500 but does not exceed £1,000	£70	£80	£15
Where— the value of the claim exceeds £1,000 but does not exceed £5,000; or the only claim is for delivery of goods and no value is specified or stated on the claim form	£80	£90	£15
Where— the value of the claim exceeds £5,000	£100	£110	£15

When defendant only liable for fixed commencement costs E+W

45.3.   Where—

(a) the only claim is for a specified sum of money; and

(b) the defendant pays the money claimed within 14 days after being served with the particulars of claim, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

Costs on entry of judgment in a claim for the recovery of money or goods E+W

45.4.   Where—

(a) the claimant has claimed fixed commencement costs under rule 45.2; and

(b) judgment is entered in a claim to which rule 45.1(2)(a) or (b) applies in the circumstances specified in Table 2, the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the relevant amount shown in Table 2.

TABLE 2

Fixed Costs on Entry of Judgment in a claim for the recovery of money or goods
	Where the amount of the judgment exceeds £25 but does not exceed £5,000	Where the amount of the judgment exceeds £5,000
Where judgment in default of an acknowledgment of service is entered under rule 12.4(1) (entry of judgment by request on claim for money only)	£22	£30
Where judgment in default of a defence is entered under rule 12.4(1) (entry of judgment by request on claim for money only)	£25	£35
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and claimant accepts the defendant’s proposal as to the manner of payment	£40	£55
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and court decides the date or time of payment	£55	£70
Where summary judgment is given under Part 24 or the court strikes out a defence under rule 3.4(2)(a), in either case, on application by a party	£175	£210
Where judgment is given on a claim for delivery of goods under a regulated agreement within the meaning of the Consumer Credit Act 1974 and no other entry in this table applies	£60	£85

Amount of fixed commencement costs in a claim for the recovery of land or a demotion claim E+W

45.5.— (1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies will be calculated by reference to Table 3.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 3

Fixed costs on commencement of a claim for the recovery of land or a demotion claim
Where the claim form is served by the court or by any method other than personal service by the claimant	Where— the claim form is served personally by the claimant; and there is only one defendant	Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
£69.50	£77.00	£15.00

Costs on entry of judgment in a claim for the recovery of land or a demotion claim E+W

45.6.— (1) Where—

(a) the claimant has claimed fixed commencement costs under rule 45.5; and

(b) judgment is entered in a claim to which rule 45.1(2)(d) or (f) applies, the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the sum of £57.25.

(2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s legal representative’s charges for preparing and filing—

(a) the claim form;

(b) the documents that accompany the claim form; and

(c) the request for possession,

is £79.50.

Miscellaneous fixed costs E+W

45.7.   Table 4 shows the amount to be allowed in respect of legal representative’s charges in the circumstances mentioned.

TABLE 4

Miscellaneous Fixed Costs
For service by a party of any document other than the claim form required to be served personally including preparing and copying a certificate of service for each individual served	£15.00
Where service by an alternative method or at an alternative place is permitted by an order under rule 6.15 for each individual served	£53.25
Where a document is served out of the jurisdiction –
(a) in Scotland, Northern Ireland, the Isle of Man or the Channel Islands;	£68.25
(b) in any other place	£77.00

Fixed enforcement costs E+W

45.8.   Table 5 shows the amount to be allowed in respect of legal representatives’ costs in the circumstances mentioned. The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 5

Fixed Enforcement Costs
For an application under rule 70.5(4) that an award may be enforced as if payable under a court order, where the amount outstanding under the award:
exceeds £25 but does not exceed £250	£30.75
exceeds £250 but does not exceed £600	£41.00
exceeds £600 but does not exceed £2,000	£69.50
exceeds £2,000	£75.50
On attendance to question a judgment debtor (or officer of a company or other corporation) who has been ordered to attend court under rule 71.2 where the questioning takes place before a court officer, including attendance by a responsible representative of the legal representative	for each half hour or part, £15.00
On the making of a final third party debt order under rule 72.8(6)(a) or an order for the payment to the judgment creditor of money in court under rule 72.10(1)(b):
if the amount recovered is less than £150	one-half of the amount recovered
otherwise	£98.50
On the making of a final charging order under rule 73.8(2)(a):	£110.00
	The court may also allow reasonable disbursements in respect of search fees and the registration of the order.
Where a certificate is issued and registered under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982, the costs of registration	£39.00
Where permission is given under RSC Order 45, rule 3 to enforce a judgment or order giving possession of land and costs are allowed on the judgment or order, the amount to be added to the judgment or order for costs –
(a) basic costs	£42.50
(b) where notice of the proceedings is to be to more than one person, for each additional person	£2.75
Where a writ of execution as defined in the RSC Order 46, rule 1, is issued against any party	£51.75
Where a request is filed for the issue of a warrant of execution under CCR Order 26, rule 1, for a sum exceeding £25	£2.25
Where an application for an attachment of earnings order is made and costs are allowed under CCR Order 27, rule 9 or CCR Order 28, rule 10, for each attendance on the hearing of the application	£8.50

SECTION II E+W Road Traffic Accidents – Fixed Recoverable Costs

Scope and interpretation E+W

45.9.— (1) Subject to paragraph (3), this Section sets out the costs which are to be allowed in—

(a) proceedings to which rule 46.14(1) applies (costs-only proceedings); or

(b) proceedings for approval of a settlement or compromise under rule 21.10(2),

in cases to which this Section applies.

(2) This Section applies where—

(a) the dispute arises from a road traffic accident occurring on or after 6 October 2003;

(b) the agreed damages include damages in respect of personal injury, damage to property, or both;

(c) the total value of the agreed damages does not exceed £10,000; and

(d) if a claim had been issued for the amount of the agreed damages, the small claims track would not have been the normal track for that claim.

(3) This Section does not apply where—

(a) the claimant is a litigant in person; or

(b) Section III of this Part applies.

(4) In this Section—

“road traffic accident” means an accident resulting in bodily injury to any person or damage to property caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales;

“motor vehicle” means a mechanically propelled vehicle intended for use on roads; and

“road” means any highway and any other road to which the public has access and includes bridges over which a road passes.

Application of fixed recoverable costs E+W

45.10.   Subject to rule 45.13, the only costs which are to be allowed are—

(a) fixed recoverable costs calculated in accordance with rule 45.11; and

(b) disbursements allowed in accordance with rule 45.12.

(Rule 45.13 provides for where a party issues a claim for more than the fixed recoverable costs.)

Amount of fixed recoverable costs E+W

45.11.— (1) Subject to paragraphs (2) and (3), the amount of fixed recoverable costs is the total of—

(a) £800;

(b) 20% of the damages agreed up to £5,000; and

(c) 15% of the damages agreed between £5,000 and £10,000.

(2) Where the claimant—

(a) lives or works in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practises in that area,

the fixed recoverable costs will include, in addition to the costs specified in paragraph (1), an amount equal to 12.5% of the costs allowable under that paragraph.

(3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed recoverable costs is a reference to those costs net of any such VAT.

Disbursements E+W

45.12.— (1) The court—

(a) may allow a claim for a disbursement of a type mentioned in paragraph (2); but

(b) will not allow a claim for any other type of disbursement.

(2) The disbursements referred to in paragraph (1) are—

(a) the cost of obtaining—

(i) medical records;

(ii) a medical report;

(iii) a police report;

(iv) an engineer’s report; or

(v) a search of the records of the Driver Vehicle Licensing Authority;

(b) where they are necessarily incurred by reason of one or more of the claimants being a child or protected party as defined in Part 21—

(i) fees payable for instructing counsel; or

(ii) court fees payable on an application to the court; or

(c) any other disbursement that has arisen due to a particular feature of the dispute.

Claims for an amount of costs exceeding fixed recoverable costs E+W

45.13.— (1) The court will entertain a claim for an amount of costs (excluding any success fee or disbursements) greater than the fixed recoverable costs but only if it considers that there are exceptional circumstances making it appropriate to do so.

(2) If the court considers such a claim appropriate, it may—

(a) summarily assess the costs; or

(b) make an order for the costs to be subject to detailed assessment.

(3) If the court does not consider the claim appropriate, it will make an order for fixed recoverable costs (and any permitted disbursements) only.

Failure to achieve costs greater than fixed recoverable costs E+W

45.14.— (1) This rule applies where—

(a) costs are assessed in accordance with rule 45.13(2); and

(b) the court assesses the costs (excluding any VAT) as being an amount which is less than 20% greater than the amount of the fixed recoverable costs.

(2) The court must order the defendant to pay to the claimant the lesser of—

(a) the fixed recoverable costs; and

(b) the assessed costs.

Costs of the costs-only proceedings or the detailed assessment E+W

45.15.   Where—

(a) the court makes an order for fixed recoverable costs in accordance with rule 45.13(3); or

(b) rule 45.14 applies, the court may—

(i) decide not to make an award of the payment of the claimant’s costs in bringing the proceedings under rule 46.14; and

(ii) make orders in relation to costs that may include an order that the claimant pay the defendant’s costs of defending those proceedings.

SECTION III E+W Pre-Action Protocol For Low Value Personal Injury Claims In Road Traffic Accidents

Scope and interpretation E+W

45.16.— (1) This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).

(2) Where a party has not complied with the RTA Protocol rule 45.24 will apply.

“RTA Protocol” means the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.

(3) A reference to “Claim Notification Form” is a reference to the form used in the RTA Protocol.

Application of fixed costs, and disbursements E+W

45.17.   The only costs allowed are—

(a) fixed costs in rule 45.18; and

(b) disbursements in accordance with rule 45.19.

Amount of fixed costs E+W

45.18.— (1) Subject to paragraph (4), the amount of fixed costs is set out in Table 6.

(2) In Table 6—

“Type A fixed costs” means the legal representative’s costs;

“Type B fixed costs” means the advocate’s costs; and

“Type C fixed costs” means the costs for the advice on the amount of damages where the claimant is a child.

(3) “Advocate” has the same meaning as in rule 45.37(2)(a).

(4) Subject to rule 45.24(2) the court will not award more or less than the amounts shown in Table 1.

(5) Where the claimant—

(a) lives or works in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practices in that area,

the fixed costs will include, in addition to the costs set out in Table 6, an amount equal to 12.5% of the Stage 1 and 2 and Stage 3 Type A fixed costs.

(6) Where appropriate, value added tax (VAT) may be recovered in addition to the amount of fixed costs and any reference in this Section to fixed costs is a reference to those costs net of any such VAT.

TABLE 6

Fixed costs in relation to the RTA Protocol
Stage 1 fixed costs		£400
Stage 2 fixed costs		£800
Stage 3 –
	Type A fixed costs	£250
	Type B fixed costs	£250
	Type C fixed costs	£150

Disbursements E+W

45.19.— (1) The court—

(a) may allow a claim for a disbursement of a type mentioned in paragraph (2); but

(b) will not allow a claim for any other type of disbursement.

(2) The disbursements referred to in paragraph (1) are—

(a) the cost of obtaining—

(i) medical records;

(ii) a medical report or reports as provided for in the RTA Protocol;

(iii) an engineer’s report;

(iv) a search of the records of the—

(aa) Driver Vehicle Licensing Authority;

(bb) Motor Insurance Database;

(b) court fees as a result of Part 21 being applicable;

(c) court fees payable where proceedings are started as a result of a limitation period that is about to expire;

(d) court fees in respect of the Stage 3 Procedure;

(e) any other disbursement that has arisen due to a particular feature of the dispute.

Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offer E+W

45.20.   Where rule 36.21(1)(b) or (c) applies, the court will order the defendant to pay—

(a) where not already paid by the defendant, the Stage 1 and 2 fixed costs;

(b) where the claim is determined—

(i) on the papers, Stage 3 Type A fixed costs;

(ii) at a Stage 3 hearing, Stage 3 Type A and B fixed costs; or

(iii) at a Stage 3 hearing and the claimant is a child, Type A, B and C fixed costs; and

(c) disbursements allowed in accordance with rule 45.19.

Settlement at Stage 2 where the claimant is a child E+W

45.21.— (1) This rule applies where—

(a) the claimant is a child;

(b) there is a settlement at Stage 2 of the RTA Protocol; and

(c) an application is made to the court to approve the settlement.

(2) Where the court approves the settlement at a settlement hearing it will order the defendant to pay—

(a) the Stage 1 and 2 fixed costs;

(b) the Stage 3 Type A, B and C fixed costs; and

(c) disbursements allowed in accordance with rule 45.19.

(3) Where the court does not approve the settlement at a settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs.

(4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at a second settlement hearing.

(5) At the second settlement hearing the court will order the defendant to pay—

(a) the Stage 3 Type A and C fixed costs for the first settlement hearing;

(b) disbursements allowed in accordance with rule 45.19; and

(c) the Stage 3 Type B fixed costs for one of the hearings.

(6) The court in its discretion may also order—

(a) the defendant to pay an additional amount of either or both the Stage 3—

(i) Type A fixed costs;

(ii) Type B fixed costs; or

(b) he claimant to pay an amount equivalent to either or both the Stage 3—

(i) Type A fixed costs;

(ii) Type B fixed costs.

Settlement at Stage 3 where the claimant is a child E+W

45.22.— (1) This rule applies where—

(a) the claimant is a child;

(b) there is a settlement after proceedings are started under the Stage 3 Procedure;

(c) the settlement is more than the defendant’s RTA Protocol offer; and

(d) an application is made to the court to approve the settlement.

(2) Where the court approves the settlement at the settlement hearing it will order the defendant to pay—

(a) the Stage 1 and 2 fixed costs;

(b) the Stage 3 Type A, B and C fixed costs; and

(c) disbursements allowed in accordance with rule 45.19.

(3) Where the court does not approve the settlement at the settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs.

(4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at the Stage 3 hearing.

(5) At the Stage 3 hearing the court will order the defendant to pay—

(a) the Stage 3 Type A and C fixed costs for the settlement hearing;

(b) disbursements allowed in accordance with rule 45.19; and

(c) the Stage 3 Type B fixed costs for one of the hearings.

(6) The court in its discretion may also order—

(a) he defendant to pay an additional amount of either or both the Stage 3—

(i) Type A fixed costs;

(ii) Type B fixed costs; or

(b) the claimant to pay an amount equivalent to either or both of the Stage 3—

(i) Type A fixed costs;

(ii) Type B fixed costs.

(7) Where the settlement is not approved at the Stage 3 hearing the court will order the defendant to pay the Stage 3 Type A fixed costs.

Where the court orders that the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child E+W

45.23.   Where—

(a) the claimant is a child; and

(b) at a settlement hearing or the Stage 3 hearing the court orders that the claim is not suitable to be determined under the Stage 3 Procedure,

the court will order the defendant to pay—

(i) the Stage 1 and 2 fixed costs; and

(ii) the Stage 3 Type A, B and C fixed costs.

Failure to comply or electing not to continue with the RTA Protocol – costs consequences E+W

45.24.— (1) This rule applies where the claimant—

(a) does not comply with the process set out in the RTA Protocol; or

(b) elects not to continue with that process,

and starts proceedings under Part 7.

(2) Where a judgment is given in favour of the claimant but—

(a) the court determines that the defendant did not proceed with the process set out in the RTA Protocol because the claimant provided insufficient information on the Claim Notification Form;

(b) the court considers that the claimant acted unreasonably—

(i) by discontinuing the process set out in the RTA Protocol and starting proceedings under Part 7;

(ii) by valuing the claim at more than £10,000, so that the claimant did not need to comply with the RTA Protocol; or

(iii) except for paragraph (2)(a), in any other way that caused the process in the RTA Protocol to be discontinued; or

(c) the claimant did not comply with the RTA Protocol at all despite the claim falling within the scope of the RTA Protocol,

the court may order the defendant to pay no more than the fixed costs in rule 45.18 together with the disbursements allowed in accordance with rule 45.19.

(3) Where the claimant starts proceedings under paragraph 7.22 of the RTA Protocol and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph 7.14(2) or (3) of that Protocol the court will, on the final determination of the proceedings, order the defendant to pay no more than–

(a) the Stage 1 and 2 fixed costs; and

(b) the disbursements allowed in accordance with rule 45.19.

Where the parties have settled after proceedings have started E+W

45.25.— (1) This rule applies where an application is made under rule 45.29 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B).

(2) Where the settlement is more than the defendant’s RTA Protocol offer the court will order the defendant to pay—

(a) the Stage 1 and 2 fixed costs where not already paid by the defendant;

(b) the Stage 3 Type A fixed costs; and

(c) disbursements allowed in accordance with rule 45.19.

(3) Where the settlement is less than or equal to the defendant’s RTA Protocol offer the court will order the defendant to pay—

(a) the Stage 1 and 2 fixed costs where not already paid by the defendant; and

(b) disbursements allowed in accordance with rule 45.19.

(4) The court may, in its discretion, order either party to pay the costs of the application.

Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer E+W

45.26.   Where rule 36.21(1)(a) applies, the court will order the claimant to pay—

(a) where the claim is determined—

(i) on the papers, Stage 3 Type A fixed costs; or

(ii) at a hearing, Stage 3 Type A and B fixed costs;

(b) any Stage 3 disbursements allowed in accordance with rule 45.19.

Adjournment E+W

45.27.   Where the court adjourns a settlement hearing or a Stage 3 hearing it may, in its discretion, order a party to pay—

(a) an additional amount of the Stage 3 Type B fixed costs; and

(b) any court fee for that adjournment.

Account of payment of Stage 1 fixed costs E+W

45.28.   Where a claim no longer continues under the RTA Protocol the court will, when making any order as to costs including an order for fixed recoverable costs under Section II of this Part, take into account the Stage 1 fixed costs that have been paid by the defendant.

Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B E+W

45.29.— (1) This rule sets out the procedure where—

(a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

(b) they have failed to agree the amount of those costs; and

(c) proceedings have been started under Part 8 in accordance with Practice Direction 8B.

(2) Either party may make an application for the court to determine the costs.

(3) Where an application is made under this rule the court will assess the costs in accordance with rule 45.22 or rule 45.25.

(4) Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

SECTION IV E+W Scale Costs For Claims In A Patents County Court

Scope and interpretation E+W

45.30.— (1) Subject to paragraph (2), this Section applies to proceedings in a patents county court.

(2) This Section does not apply where—

(a) the court considers that a party has behaved in a manner which amounts to an abuse of the court’s process; or

(b) the claim concerns the infringement or revocation of a patent or registered design the validity of which has been certified by a court in earlier proceedings.

(3) The court will make a summary assessment of the costs of the party in whose favour any order for costs is made. Rules 44.2(8), 44.7(b) and Part 47 do not apply to this Section.

(4) “Scale costs” means the costs set out in Table A and Table B of the Practice Direction supplementing this Part.

Amount of scale costs E+W

45.31.— (1) Subject to rule 45.32, the court will not order a party to pay total costs of more than—

(a) £50,000 on the final determination of a claim in relation to liability; and

(b) £25,000 on an inquiry as to damages or account of profits.

(2) The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).

(3) The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 45.

(4) The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.

(5) Where appropriate, value added tax (VAT) may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.

Summary assessment of the costs of an application where a party has behaved unreasonably E+W

45.32.   Costs awarded to a party under rule 63.26(2) are in addition to the total costs that may be awarded to that party under rule 45.31.

SECTION V E+W Fixed Costs: HM Revenue And Customs

Scope, interpretation and application E+W

45.33.— (1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of HM Revenue and Customs charges in the cases to which this Section applies.

(2) For the purpose of this Section—

(a) “HMRC Officer” means a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005 and authorised to conduct county court proceedings for recovery of debt under section 25(1A) of that Act;

(b) “Commissioners” means commissioners for HMRC appointed under section 1 of the Commissioners for Revenue and Customs Act 2005;

(c) “debt” means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and

(d) “HMRC charges” means the fixed costs set out in Tables 7 and 8 in this Section.

(3) HMRC charges must, for the purpose of this Section, be claimed as “legal representative’s costs” on relevant court forms.

(4) This Section applies where the only claim is a claim conducted by an HMRC Officer in the county court for recovery of a debt and the Commissioners obtain judgment on the claim.

(5) Any appropriate court fee will be allowed in addition to the costs set out in this Section.

(6) The claim form may include a claim for fixed commencement costs.

Amount of fixed commencement costs in a county court claim for the recovery of money E+W

45.34.   The amount of fixed commencement costs in a claim to which rule 45.33 applies—

(a) will be calculated by reference to Table 7; and

(b) the amount claimed in the claim form is to be used for determining which claim band in Table 7 applies.

TABLE 7

Fixed costs on commencement of a County Court claim conducted by an HMRC Officer
Where the value of the claim does not exceed £25 Where the value of the claim exceeds £25 but does not exceed £500	Nil £33
Where the value of the claim exceeds £500 but does not exceed £1,000	£47
Where the value of the claim exceeds £1,000 but does not exceed £5,000	£53
Where the value of the claim exceeds £5,000 but does not exceed £15,000	£67
Where the value of the claim exceeds £15,000 but does not exceed £50,000	£90
Where the value of the claim exceeds £50,000 but does not exceed £100,000	£113
Where the value of the claim exceeds £100,000 but does not exceed £150,000	£127
Where the value of the claim exceeds £150,000 but does not exceed £200,000	£140
Where the value of the claim exceeds £200,000 but does not exceed £250,000	£153
Where the value of the claim exceeds £250,000 but does not exceed £300,000	£167
Where the value of the claim exceeds £300,000	£180

Costs on entry of judgment in a county court claim for recovery of money E+W

45.35.   Where—

(a) an HMRC Officer has claimed fixed commencement costs under Rule 45.34; and

(b) judgment is entered in a claim to which rule 45.33 applies,

the amount to be included in the judgment for HMRC charges is the total of—

(i) the fixed commencement costs; and

(ii) the amount in Table 8 relevant to the value of the claim.

TABLE 8

Fixed costs on entry of judgment in a County Court claim conducted by an HMRC Officer
Where the value of the claim does not exceed £5,000	£15
Where the value of the claim exceeds £5,000	£20

When the defendant is only liable for fixed commencement costs E+W

45.36.   Where—

(a) the only claim is for a specified sum of money; and

(b) the defendant pays the money claimed within 14 days after service of the particulars of claim, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

SECTION VI E+W Fast Track Trial Costs

Scope of this Section E+W

45.37.— (1) This Section deals with the amount of costs which the court may award as the costs of an advocate for preparing for and appearing at the trial of a claim in the fast track (referred to in this rule as “fast track trial costs”).

(2) For the purposes of this Section—

“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

“fast track trial costs” means the costs of a party’s advocate for preparing for and appearing at the trial, but does not include—

(i)

any other disbursements; or

(ii)

any value added tax payable on the fees of a party’s advocate; and

“trial” includes a hearing where the court decides an amount of money or the value of goods following a judgment under Part 12 (default judgment) or Part 14 (admissions) but does not include –

(i)

the hearing of an application for summary judgment under Part 24; or

(ii)

the court’s approval of a settlement or other compromise under rule 21.10.

Amount of fast track trial costs E+W

45.38.— (1) Table 9 shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).

TABLE 9

Value of the claim	Amount of fast track trial costs which the court may award
No more than £3,000	£485
More than £3,000 but not more than £10,000	£690
More than £10,000 but not more than £15,000	£1,035
For proceedings issued on or after 6th April 2009, more than £15,000	£1,650

(2) The court may not award more or less than the amount shown in the table except where—

(a) it decides not to award any fast track trial costs; or

(b) rule 45.39 applies,

but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.

(3) Where the only claim is for the payment of money—

(a) for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding—

(i) interest and costs; and

(ii) any reduction made for contributory negligence.

(b) for the purpose of quantifying fast track trial costs awarded to a defendant, the value of the claim is—

(i) the amount specified in the claim form (excluding interest and costs);

(ii) if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or

(iii) more than £15,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.

(4) Where the claim is only for a remedy other than the payment of money, the value of the claim is deemed to be more than £3,000 but not more than £10,000, unless the court orders otherwise.

(5) Where the claim includes both a claim for the payment of money and for a remedy other than the payment of money, the value of the claim is deemed to be the higher of—

(a) the value of the money claim decided in accordance with paragraph (3); or

(b) the deemed value of the other remedy decided in accordance with paragraph (4),

unless the court orders otherwise.

(6) Where—

(a) a defendant has made a counterclaim against the claimant;

(b) the counterclaim has a higher value than the claim; and

(c) the claimant succeeds at trial both on the claim and the counterclaim,

for the purpose of quantifying fast track trial costs awarded to the claimant, the value of the claim is the value of the defendant’s counterclaim calculated in accordance with this rule.

Power to award more or less than the amount of fast track trial costs E+W

45.39.— (1) This rule sets out when a court may award—

(a) an additional amount to the amount of fast track trial costs shown in Table 9 in rule 45.38(1); or

(b) less than those amounts.

(2) If—

(a) in addition to the advocate, a party’s legal representative attends the trial;

(b) the court considers that it was necessary for a legal representative to attend to assist the advocate; and

(c) the court awards fast track trial costs to that party,

the court may award an additional £345 in respect of the legal representative’s attendance at the trial.

(3) If the court considers that it is necessary to direct a separate trial of an issue then the court may award an additional amount in respect of the separate trial but that amount is limited in accordance with paragraph (4) of this rule.

(4) The additional amount the court may award under paragraph (3) will not exceed two-thirds of the amount payable for that claim, subject to a minimum award of £485.

(5) Where the party to whom fast track trial costs are to be awarded is a litigant in person, the court will award—

(a) if the litigant in person can prove financial loss, two-thirds of the amount that would otherwise be awarded; or

(b) if the litigant in person fails to prove financial loss, an amount in respect of the time spent reasonably doing the work at the rate specified in Practice Direction 46.

(6) Where a defendant has made a counterclaim against the claimant, and—

(a) the claimant has succeeded on his claim; and

(b) the defendant has succeeded on his counterclaim,

the court will quantify the amount of the award of fast track trial costs to which—

(i) but for the counterclaim, the claimant would be entitled for succeeding on his claim; and

(ii) but for the claim, the defendant would be entitled for succeeding on his counterclaim,

and make one award of the difference, if any, to the party entitled to the higher award of costs.

(7) Where the court considers that the party to whom fast track trial costs are to be awarded has behaved unreasonably or improperly during the trial, it may award that party an amount less than would otherwise be payable for that claim, as it considers appropriate.

(8) Where the court considers that the party who is to pay the fast track trial costs has behaved improperly during the trial the court may award such additional amount to the other party as it considers appropriate.

Fast track trial costs where there is more than one claimant or defendant E+W

45.40.— (1) Where the same advocate is acting for more than one party—

(a) the court may make only one award in respect of fast track trial costs payable to that advocate; and

(b) the parties for whom the advocate is acting are jointly entitled to any fast track trial costs awarded by the court.

(2) Where—

(a) the same advocate is acting for more than one claimant; and

(b) each claimant has a separate claim against the defendant,

the value of the claim, for the purpose of quantifying the award in respect of fast track trial costs is to be ascertained in accordance with paragraph (3).

(3) The value of the claim in the circumstances mentioned in paragraph (2) or (5) is—

(a) where the only claim of each claimant is for the payment of money—

(i) if the award of fast track trial costs is in favour of the claimants, the total amount of the judgment made in favour of all the claimants jointly represented; or

(ii) if the award is in favour of the defendant, the total amount claimed by the claimants,

and in either case, quantified in accordance with rule 45.38(3);

(b) where the only claim of each claimant is for a remedy other than the payment of money, deemed to be more than £3,000 but not more than £10,000; and

(c) where claims of the claimants include both a claim for the payment of money and for a remedy other than the payment of money, deemed to be—

(i) more than £3,000 but not more than £10,000; or

(ii) if greater, the value of the money claims calculated in accordance with subparagraph (a) above.

(4) Where—

(a) there is more than one defendant; and

(b) any or all of the defendants are separately represented,

the court may award fast track trial costs to each party who is separately represented.

(5) Where—

(a) there is more than one claimant; and

(b) a single defendant,

the court may make only one award to the defendant of fast track trial costs, for which the claimants are jointly and severally liable.

(6) For the purpose of quantifying the fast track trial costs awarded to the single defendant under paragraph (5), the value of the claim is to be calculated in accordance with paragraph (3) of this rule.

SECTION VII E+W Costs Limits in Aarhus Convention Claims

Scope and interpretation E+W

45.41.— (1) This Section provides for the costs which are to be recoverable between the parties in Aarhus Convention claims.

(2) In this Section, “Aarhus Convention claim” means a claim for judicial review of a decision, act or omission all or part of which is subject to the provisions of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998, including a claim which proceeds on the basis that the decision, act or omission, or part of it, is so subject.

(Rule 52.9A makes provision in relation to costs of an appeal.)

Opting out E+W

45.42.   Rules 45.43 to 45.44 do not apply where the claimant—

(a) has not stated in the claim form that the claim is an Aarhus Convention claim; or

(b) has stated in the claim form that—

(i) the claim is not an Aarhus Convention claim, or

(ii) although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.

Limit on costs recoverable from a party in an Aarhus Convention claim E+W

45.43.— (1) Subject to rule 45.44, a party to an Aarhus Convention claim may not be ordered to pay costs exceeding the amount prescribed in Practice Direction 45.

(2) Practice Direction 45 may prescribe a different amount for the purpose of paragraph (1) according to the nature of the claimant.

Challenging whether the claim is an Aarhus Convention claim E+W

45.44.— (1) If the claimant has stated in the claim form that the claim is an Aarhus Convention claim, rule 45.43 will apply unless—

(a) the defendant has in the acknowledgment of service filed in accordance with rule 54.8—

(i) denied that the claim is an Aarhus Convention claim; and

(ii) set out the defendant’s grounds for such denial; and

(b) the court has determined that the claim is not an Aarhus Convention claim.

(2) Where the defendant argues that the claim is not an Aarhus Convention claim, the court will determine that issue at the earliest opportunity.

(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—

(a) if the court holds that the claim is not an Aarhus Convention claim, it will normally make no order for costs in relation to those proceedings;

(b) if the court holds that the claim is an Aarhus Convention claim, it will normally order the defendant to pay the claimant’s costs of those proceedings on the indemnity basis, and that order may be enforced notwithstanding that this would increase the costs payable by the defendant beyond the amount prescribed in Practice Direction 45.]