[F1PART 45E+WFIXED COSTS

Textual Amendments

SECTION IIIE+W[F2The Pre-Action Protocols for Low Value Personal Injury Claims In Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.]

Textual Amendments

Amount of fixed costsE+W

45.18.(1) Subject to paragraph (4), the amount of fixed costs is set out in [F3Tables 6 and 6A].

(2) In [F4Tables 6 and 6A]

“Type A fixed costs” means the legal representative’s costs;

“Type B fixed costs” means the advocate’s costs; and

“Type C fixed costs” means the costs for the advice on the amount of damages where the claimant is a child.

(3) “Advocate” has the same meaning as in rule 45.37(2)(a).

(4) Subject to rule 45.24(2) the court will not award more or less than the amounts shown in [F5Tables 6 or 6A].

(5) Where the claimant—

(a)lives or works in an area set out in Practice Direction 45; and

(b)instructs a legal representative who [F6practises] in that area,

the fixed costs will include, in addition to the costs set out in [F7Tables 6 or 6A], an amount equal to 12.5% of the Stage 1 and 2 and Stage 3 Type A fixed costs.

(6) Where appropriate, [F8VAT] may be recovered in addition to the amount of fixed costs and any reference in this Section to fixed costs is a reference to those costs net of any such VAT.

[F9TABLE 6
Fixed costs in relation to the RTA Protocol
Where the value of the claim for damages is not more than £10,000Where the value of the claim for damages is more than £10,000, but not more than £25,000
Stage 1 fixed costs£200Stage 1 fixed costs£200
Stage 2 fixed costs£300Stage 2 fixed costs£600

Stage 3

- Type A fixed costs£250

Stage 3

- Type A fixed costs£250
- Type B fixed costs£250- Type B fixed costs£250
- Type C fixed costs£150- Type C fixed costs£150
Table 6A
Fixed costs in relation to the EL/PL Protocol
Where the value of the claim for damages is not more than £10,000Where the value of the claim for damages is more than £10,000, but not more than £25,000
Stage 1 fixed costs£300Stage 1 fixed costs£300
Stage 2 fixed costs£600Stage 2 fixed costs£1300

Stage 3

- Type A fixed costs£250

Stage 3

- Type A fixed costs£250
- Type B fixed costs£250- Type B fixed costs£250
- Type C fixed costs£150- Type C fixed costs£150]]