PART 45 E+W FIXED COSTS

Modifications etc. (not altering text)

C1 Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

F1 [F2 II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ... E+W

Textual Amendments

F1 Words in Pt. 45 Section 2 heading omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 10

F2 Pt. 45 Section 2 inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rule 1(c), Sch. 2 Pt. II (with rule 18)

Amount of fixed recoverable costs E+W

45.9— (1) Subject to paragraphs (2) and (3), the amount of fixed recoverable costs is the total of—

(a) £800;

(b) 20% of the damages agreed up to £5,000; and

(c) 15% of the damages agreed between £5,000 and £10,000.

(2) Where the claimant—

(a) lives or works in an area set out in the relevant practice direction; and

(b) instructs a solicitor or firm of solicitors who practise in that area,

the fixed recoverable costs shall include, in addition to the costs specified in paragraph (1), an amount equal to 12.5% of the costs allowable under that paragraph.

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