The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 45 E+W FIXED COSTS

Textual Amendments

F1 Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

[F2 SECTION IIIA E+W Claims Which No Longer Continue Under the RTA or EL/PL Pre-Action Protocols [F3 and Claims to which the Pre-Action Protocol for Resolution of Package Travel Claims Applies] – Fixed Recoverable Costs

Textual Amendments

F2 Pt. 45 Section 3A inserted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 7(16), Sch. (with rule 10)

F3 Words in Pt. 45 Section 3A heading inserted (7.5.2018) by The Civil Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/479), rules 1(1), 5(b)

Amount of fixed costs – RTA Protocol E+W

45.29C.— (1) Subject to paragraph (2), the amount of fixed costs is set out in Table 6B.

(2) Where the claimant—

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

(b) instructs a legal representative who practises in that area,

the fixed costs will include, in addition to the costs set out in Table 6B, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in Table 6B.

(3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT.

(4) In Table 6B—

(a) in Part B, “on or after” means the period beginning on the date on which the court respectively—

(i) issues the claim;

(ii) allocates the claim under Part 26; or

(iii) lists the claim for trial; and

(b) unless stated otherwise, a reference to “damages” means agreed damages; and

(c) a reference to “trial” is a reference to the final contested hearing.

Table 6B

Fixed costs where a claim no longer continues under the RTA Protocol

A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
Agreed damages		At least £1,000, but not more than £5,000		More than £5,000, but not more than £10,000		More than £10,000 F4 ...
Fixed costs		The greater of— (a) £550; or (b) the total of— (i) £100; and (ii) 20% of the damages		The total of— (a) £1,100; and (b) 15% of damages over £5,000		The total of— (a) £1,930; and (b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled		On or after the date of issue, but prior to the date of allocation under Part 26		On or after the date of allocation under Part 26, but prior to the date of listing		On or after the date of listing but prior [F5 to] the date of trial
Fixed costs		The total of— (a) £1,160; and (b) 20% of the damages		The total of— (a) £1,880; and (b) 20% of the damages		The total of— (a) £2,655; and (b) 20% of the damages
C. If the claim is disposed of at trial
Fixed costs		The total of— (a) £2,655; and (b) 20% of the damages agreed or awarded; and (c) the relevant trial advocacy fee
D. Trial advocacy fee
Damages agreed or awarded	Not more than £3,000		More than £3,000, but not more than £10,000		More than £10,000, but not more than £15,000		More than £15,000
Trial advocacy fee	£500		£710		£1,070		£1,705]]

Textual Amendments

F4 Words in rule 45.29C Table 6B omitted (6.4.2017) by virtue of The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2, 8(2)(a)

F5 Words in rule 45.29C Table 6B inserted (6.4.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2, 8(2)(b)