The Civil Procedure Rules 1998

[F1Amount of fixed costsE+W

45.50.—(1) For as long as the case is not allocated to the multi-track, the only costs allowed in any claim which would normally be or is allocated to the intermediate track are—

(a)the fixed costs in Table 14; and

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

(2) In Table 14—

(a)a reference to a date set by the court means the first date so set, notwithstanding that the parties may agree an extension to a later date, unless the court orders otherwise;

(b)unless stated otherwise, “damages”—

(i)means any form of monetary relief; or

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

(aa)£25,000 in a claim assigned to complexity band 1;

(bb)£50,000 in a claim assigned to complexity band 2;

(cc)£75,000 in a claim assigned to complexity band 3; and

(dd)£100,000 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.)

(c)the figures in each of stages S1, S3, S4, S5, S6 and S8 are the cumulative totals for costs incurred up to and including that stage;

(d)the figures in stages S2, S7 and S9 to S15 are separate sums for those steps, if carried out; and

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

(3) The costs to be awarded for stage S1 are subject to assessment up to a maximum of the figure shown for stage S1 in Table 14, except in a claim for personal injuries where the figure shown is fixed.

(4) The costs in stages S2, S7 and S14 of Table 14 are only allowed where—

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

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

(c)the intended trial advocate; and

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

Textual Amendments