[F1PART 45E+WFIXED COSTS

Textual Amendments

SECTION IE+WGeneral Provisions

Entitlement to costs – more than one claimantE+W

45.5.—(1)  Unless paragraph (2) or paragraph (4) applies, where—

(a)fixed costs are payable under Section VI or Section VII of this Part; and

(b)orders for costs are made in favour of two or more claimants,

each claimant is entitled to the costs of their own claim in accordance with the applicable rules in this Part.

(2) Paragraph (1) does not apply where the claim is for a remedy to which the claimants are jointly entitled, and they are joined to the proceedings to comply with rule 19.3.

(3) Paragraph (4) applies where fixed costs are payable under Section VI or Section VII and—

(a)a legal representative with conduct of the litigation acts for more than one claimant in the proceedings;

(b)each of those claimants has a separate claim against the defendant;

(c)an order for costs is made in favour of two or more of those claimants; and

(d)the court has ordered that paragraph (4) shall apply.

(4) Where this paragraph applies—

(a)the claimants in whose favour an order for costs is made shall only be entitled to one set of fixed costs;

(b)the amount of the fixed costs to which those claimants are entitled is the sum of the allowable costs and the further amounts calculated in accordance with paragraph (5) and, where applicable, paragraph (7); and

(c)those claimants are jointly entitled to any costs so ordered.

(5) A further amount equal to 25% of the allowable costs is to be added for each additional claimant in whose favour the order for costs is made.

(6) In paragraph (4), ‘the allowable costs’—

(a)means—

(i)the applicable costs payable to the claimant in respect of whom the damages of highest value are agreed or awarded; or

(ii)where paragraph (i) would apply to two or more claimants, the applicable costs payable to whichever one of those claimants their legal representative chooses;

(b)does not include any additional [F2costs] under rule 36.24 [F3or increased costs under rule 45.13(2)]; but

(c)may include the relevant trial advocacy fees if applicable; and

(d)excludes any disbursements.

(7) In addition to the allowable costs under paragraph (4), those claimants who meet the criteria are entitled to London weighting.

(8) Where one or more of the claimants referred to in paragraph (4) is entitled to [F4either] additional costs under rule 36.24(5) or increased costs under rule 45.13(2), [F5or to both,] the percentage increases for which those rules provide must be calculated by applying the relevant percentage to such proportion of the amount referred to in paragraph (4)(b) as reflects the proportion which each claimant so entitled bears to the total number of claimants to which paragraph (4) applies.]

Textual Amendments

F2Word in rule 45.5(6)(b) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(3)(a)(i)