PART 45E+WFIXED COSTS

Modifications etc. (not altering text)

F1 [F2II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...E+W

Textual Amendments

F1Words in Pt. 45 Section 2 heading omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 10

DisbursementsE+W

45.10—(1) The court—

(a)may allow a claim for a disbursement of a type mentioned in paragraph (2); but

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

(2) The disbursements referred to in paragraph (1) are—

(a)the cost of obtaining—

(i)medical records;

(ii)a medical report;

(iii)a police report;

(iv)an engineer’s report; or

(v)a search of the records of the Driver Vehicle Licensing Authority;

(b)the amount of an insurance premium [F3or, where a [F4membership organisation] undertakes to meet liabilities incurred to pay the costs of other parties to proceedings, a sum not exceeding such additional amount of costs as would be allowed under section 30 in respect of provision made against the risk of having to meet such liabilities];

[F5(“membership organisation” is defined in rule 43.2(1)(n))]

(c)where they are necessarily incurred by reason of one or more of the claimants being a child or [F6protected party] as defined in Part 21—

(i)fees payable for instructing counsel; or

(ii)court fees payable on an application to the court;

(d)any other disbursement that has arisen due to a particular feature of the dispute.

(“insurance premium” is defined in rule 43.2)]

Textual Amendments