PART 45 E+W FIXED COSTS

Modifications etc. (not altering text)

C1 Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

C2 Pt. 45 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87

F1 [F2 II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ... E+W

Textual Amendments

F1 Words 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

F2 Pt. 45 Section 2 inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rule 1(c), Sch. 2 Pt. II (with rule 18)

Disbursements E+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 [F3 or, where a [F4 membership 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 [F6 protected 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

F3 Words in rule 45.10(2)(b) inserted (1.2.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(a), 8

F4 Words in rule 45.10(2)(b) substituted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 11(a)

F5 Words in rule 45.10(2) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 11(b)

F6 Words in rule 45.10(2)(c) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 13