[F1PART 45E+WFIXED COSTS

Textual Amendments

[F2SECTION IIIAE+WClaims Which No Longer Continue Under the RTA or EL/PL Pre-Action Protocols [F3and Claims to which the Pre-Action Protocol for Resolution of Package Travel Claims Applies] – Fixed Recoverable Costs

Textual Amendments

Defendants’ costsE+W

45.29F.—(1) In this rule—

(a)paragraphs (8) and (9) apply to assessments of defendants’ costs under Part 36;

(b)paragraph (10) applies to assessments to which the exclusions from qualified one way costs shifting in rules 44.15 and 44.16 apply; and

(c)paragraphs (2) to (7) apply to all other cases under this Section in which a defendant’s costs are assessed.

(2) If, in any case to which this Section applies, the court makes an order for costs in favour of the defendant—

(a)the court will have regard to; and

(b)the amount of costs order to be paid shall not exceed,

the amount which would have been payable by the defendant if an order for costs had been made in favour of the claimant at the same stage of the proceedings.

(3) For the purpose of assessing the costs payable to the defendant by reference to the fixed costs in Table 6, Table 6A, Table 6B, Table 6C and Table 6D, “value of the claim for damages” and “damages” shall be treated as references to the value of the claim.

(4) For the purposes of paragraph (3), “the value of the claim” is—

(a)the amount specified in the claim form, excluding—

(i)any amount not in dispute;

(ii)in a claim started under the RTA Protocol, any claim for vehicle related damages;

(iii)interest;

(iv)costs; and

(v)any contributory negligence;

(b)if no amount is specified in the claim form, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or

(c)£25,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.

(5) Where the defendant—

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

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

the costs will include, in addition to the costs allowable under paragraph (2), an amount equal to 12.5% of those costs.

(6) Where an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I

(7) Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.

(8) Where, in a case to which this Section applies, a Part 36 offer is accepted, rule [F436.20] will apply instead of this rule.

(9) Where, in a case to which this Section applies, upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the [F5defendant’s] Part 36 offer, rule [F636.21] will apply instead of this rule.

(10) Where, in a case to which this Section applies, any of the exceptions to qualified one way costs shifting in rules 44.15 and 44.16 is established, the court will assess the defendant’s costs without reference to this rule.]]

Textual Amendments