The Civil Procedure Rules 1998

[F1 SECTION VI E+W Fixed Costs in the Fast Track

Textual Amendments

F1 Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

Scope E+W

45.43.— (1) This Section applies to any claim which would normally be or is allocated to the fast track.

(2) This Section does not apply where Section IV, Section VII or Section VIII of this Part applies.

Amount of fixed costs E+W

45.44.   For so long as the claim is allocated neither to the small claims track, the intermediate track or the multi-track, the only costs allowed in any claim which would normally be or is allocated to the fast track are

(a) the fixed costs in Table 12; and

(b) the disbursements as set out in Section IX of this Part.

Fixed costs E+W

45.45.— (1) In Table 12—

(a) unless stated otherwise, “damages”—

(i) means any form of monetary relief;

(ii) in a claim which has no monetary value, shall be taken to mean an amount equivalent to—

(aa) £10,000 in a claim assigned to complexity band 2;

(bb) £15,000 in a claim assigned to complexity band 3; and

(cc) £20,000 in a claim assigned to complexity band 4;

(iii) in a claim which includes both a claim for monetary relief and a claim which has no monetary value, means the applicable amount in sub-paragraph (ii) taken together with the monetary value in sub-paragraph (i); and

(iv) in so far as it applies to monetary relief, means—

(aa) agreed damages; or

(bb) an amount awarded following trial;

(Rule 44.2 provides that the court has a discretion as to the costs order to be made including whether an order for costs relating only to a distinct part of the proceedings is appropriate.)

(b) the figures in each of stages A to C are the cumulative totals for costs incurred up to and including that stage;

(c) the figures in stage D are separate sums where the claim is disposed of at trial; and

(d) a reference to a ‘trial’ is a reference to the final hearing.

Specialist legal advice E+W

45.46.— (1) Where a claim would normally be assigned to complexity band 4, under rule 26.15 in addition to the costs allowable in Table 12, the fixed costs may include an amount in accordance with Table 13.

(2) The additional costs in Table 13 are only allowable where—

(a) the legal advice is obtained from, or a statement of case is drafted by—

(i) a specialist legal representative in respect of a matter within their specialist expertise; or

(ii) the intended trial advocate; and

(b) the use of that person to provide the advice or draft the statement of case is justified.

(3) A court may only order payment for one advice in writing or in conference unless further advice is justified.

(Rule 2.3 defines ‘legal representative’.)

Advice obtained in claims started under the RTA Protocol or the EL/PL Protocol E+W

45.47.— (1) This rule applies where a claim has been started under the RTA Protocol or the EL/PL Protocol.

(2) Where this rule applies and—

(a) an advice has been obtained from a legal representative as provided for in the relevant Protocol; or

(b) an advice has been obtained from a specialist legal representative on the amount of damages where the claimant is a child and that advice—

(i) is within the legal representative’s particular expertise; and

(ii) is reasonably required to value the claim,

the fixed costs may include an additional amount of £150.

Preliminary issue or separate trial E+W

45.48.— (1) Where a costs order is made in favour of a party in respect of a preliminary issue, that party is entitled to the fixed costs in Table 12 for the stage applicable at the date the preliminary issue is concluded, together with such disbursements as are allowed in accordance with Section IX of this Part.

(2) Where a claim continues following the conclusion of a preliminary issue and a costs order is made in favour of a party on conclusion of the claim, that party shall be entitled to—

(a) additional fixed costs, if it is the party in whose favour a costs order is made under paragraph (1); or

(b) fixed costs, if the party is not a party in whose favour a costs order is made under paragraph (1),

being in either case the amount specified for the stage in Table 12 within which the claim concludes, less the applicable amount in stage B(1), together with such disbursements as are allowed in accordance with Section IX of this Part.]