Textual Amendments
F1Pt. 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)
45.51.—(1) Subject to paragraph (3), 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 14 for the stage applicable at the date the preliminary issue is concluded, together with—
(a)if there has been a trial, those fees appropriate in stages S8 and 9; and
(b)if appropriate, those costs specified in stages S2, S7, S9, S12, S13 and S14.
(2) Subject to paragraph (3), 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 14 within which the claim concludes less the amount in stage S3, together with—
(c)if there has been a trial, those fees appropriate in stages S8 and 9; and
(d)if appropriate, those costs specified in stages S9, S12, S13 and S14.
(3) Only one set of fees can be recovered by any one party under stages S13 and S14 whether under paragraph (1) or (2).
(4) The parties are entitled to disbursements allowed in accordance with Section IX of this Part incurred in any period for which costs are payable to them.]