F1PART 45FIXED COSTS

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Amendments (Textual)

SECTION VIIFixed Costs in the Intermediate Track

Amount of fixed costs45.50

1

For as long as the case is not allocated to the multi-track, the only costs allowed in any claim which would normally be or is allocated to the intermediate track are—

a

the fixed costs in Table 14; and

b

the disbursements as set out in Section IX of this Part.

2

In Table 14—

a

a reference to a date set by the court means the first date so set, notwithstanding that the parties may agree an extension to a later date, unless the court orders otherwise;

b

unless stated otherwise, “damages”—

i

means any form of monetary relief; or

ii

in a claim which has no monetary value, shall be taken to mean an amount equivalent to—

aa

£25,000 in a claim assigned to complexity band 1;

bb

£50,000 in a claim assigned to complexity band 2;

cc

£75,000 in a claim assigned to complexity band 3; and

dd

£100,000 in a claim assigned to complexity band 4;

iii

in a claim which includes both a claim for monetary relief and a claim which has no monetary value, means the applicable amount in sub-paragraph (ii) taken together with the monetary value in sub-paragraph (i); and

iv

in so far as it applies to monetary relief, means—

aa

agreed damages; or

bb

an amount awarded following trial;

(Rule 44.2 provides that the court has a discretion as to the costs order to be made including whether an order for costs relating only to a distinct part of the proceedings is appropriate.)

c

the figures in each of stages S1, S3, S4, S5, S6 and S8 are the cumulative totals for costs incurred up to and including that stage;

d

the figures in stages S2, S7 and S9 to S15 are separate sums for those steps, if carried out; and

e

a reference to a ‘trial’ is a reference to the final hearing.

3

The costs to be awarded for stage S1 are subject to assessment up to a maximum of the figure shown for stage S1 in Table 14, except in a claim for personal injuries where the figure shown is fixed.

4

The costs in stages S2, S7 and S14 of Table 14 are only allowed where—

a

legal advice is obtained from, or a statement of case is drafted by—

b

a specialist legal representative in respect of a matter within their specialist expertise; or

c

the intended trial advocate; and

d

the use of that person to provide the advice or draft the statement of case is justified.