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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Scope of this Part

45.1—(1) This Part sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of solicitors' charges in the cases to which this Part applies.

(The definitions contained in Part 43 are relevant to this Part)

(2) This Part applies where—

(a)the only claim is a claim for a specified sum of money 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 (GL) a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

(vi)rule 45.3 applies; or

(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 in either case the value of the claim exceeds £25.

(The practice direction supplementing rule 7.9 sets out the types of case where a court may give a fixed date for a hearing when it issues a claim)

(3) The rules in this Part do not apply to the extent that regulations under the Legal Aid Act 1988(1) determine the amount of costs payable to legal representatives.

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

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