The Civil Procedure Rules 1998

[F1 SECTION IX E+W Disbursements

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 of this section E+W

45.57.— (1) This Section sets out the disbursements which are to be allowed in any claim to which Section IV, Section VI, Section VII or Section VIII of this Part applies.

(2) Subject to rule 45.62, the court—

(a) may allow a claim for a disbursement of a type mentioned in rules 45.58, 45.59, 45.60 and 45.61, as applicable, and where it does so, the amount to be allowed is F2 ... that which is reasonable and proportionate; but

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

(3) Where appropriate, VAT may be recovered in addition to the cost of any disbursement allowable under this Section.

Textual Amendments

F2 Word in rule 45.57(2)(a) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 23(4)

Disbursements – Section IV E+W

45.58.   In a claim to which Section IV applies, the disbursements to be allowed are

(a) subject to rule 45.62, the cost of obtaining—

(i) medical records; and

(ii) expert medical reports as provided for in the relevant Protocol;

(b) the cost of obtaining non-medical expert reports as provided for in the relevant Protocol;

(c) court fees payable—

(i) as a result of Part 21 being applicable;

(ii) where proceedings are started as a result of a limitation period that is about to expire; and

(iii) in respect of the Stage 3 Procedure;

(d) the provider cost of a telephone hearing;

(e) additionally, in a claim to which the RTA Protocol applies—

(i) an engineer’s report; and

(ii) a search of the records of—

(aa) the Driver Vehicle Licensing Authority; and

(bb) the Motor Insurance Database; and

(f) any other disbursement reasonably incurred due to a particular feature of the dispute or any requirement of these Rules.

Disbursements – Section VI E+W

45.59.   [F3 Subject to rule 45.15A, in a claim] to which Section VI applies, the disbursements to be allowed are

(a) in a claim started under a relevant Protocol to which Section IV applies—

(i) the applicable disbursements referred to in rule 45.58(a) and (b) and (d) to (f);

(ii) any court fees;

(iii) in a claim which arises from a road traffic accident, the cost of obtaining a police report;

(iv) any expert’s fee for attending the trial where the court has given permission for the expert to attend;

(v) any interpreters’ or translators’ fees;

(vi) expenses which a party or witness has incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing; and

(vii) a sum not exceeding the amount specified in Table 16 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purpose of attending a hearing; and

(b) in any other claim to which Section VI applies, any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VI.

Textual Amendments

F3 Words in rule 45.59 substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(8)

Disbursements – Section VII E+W

45.60.   [F4 Subject to rule 45.15A, in a claim] to which Section VII applies, the court may allow any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VII.

Textual Amendments

F4 Words in rule 45.60 substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(9)

Disbursements – Section VIII E+W

45.61.— (1) Subject to [F5 rule 45.15A], in a claim to which Section VIII applies, the disbursements to be allowed are—

(a) the fees for the intended trial advocate for any step reasonably undertaken where both the use of that advocate and the cost are justified; and

(b) any other disbursement which has been reasonably incurred.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in rule 45.61(1) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(10)(a)

F6 Rule 45.61(2) omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(10)(b)

Soft tissue injury and whiplash injury claims E+W

45.62.— (1) This rule applies—

(a) to a soft tissue injury claim; or

(b) a claim which consists of, or includes, a claim for a whiplash injury,

which arises from a road traffic accident.

(2) Where this rule applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—

(a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;

(b) obtaining a further report where justified from an expert from one of the following disciplines—

(i) Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii) Consultant in Accident and Emergency Medicine: £360;

(iii) General Practitioner registered with the General Medical Council: £180; or

(iv) Physiotherapist registered with the Health and Care Professions Council: £180;

(c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;

(d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and

(e) answer to questions under Part 35: £80.

(3) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (1) applies where the medical expert—

(a) has provided treatment to the claimant;

(b) is associated with any person who has provided treatment; or

(c) proposes or recommends treatment that they or an associate then provide.

(4) The cost of obtaining a further report from an expert not listed in paragraph (2) is not fixed, but the use of that expert and the cost must be justified.

(5) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’, ‘soft tissue injury claim’ and ‘whiplash injury’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), and (16A) and (20), respectively, of the RTA Protocol.]