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Application of fixed costs and disbursements. 45.28. The only costs allowed are— (a)the fixed costs in accordance with Table 10 and Table 11; and (b)the disbursements in accordance with Section IX of this Part. Amount of fixed costs. 45.29.—(1) In Table 10 and Table 11— ‘Type A fixed costs’ means the legal representative’s costs;

Recoverable Costs The only costs allowed are the fixed costs in Table 14 and disbursements set out in Section IX (new CPR r 45.50(1)). Disbursements: Section IX, CPR 45 Court may allow any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VII (CPR r 45.60)

CPR Part 45 CPR Part 45: Fixed Costs • Most important part of CPR for fixed costs. – CPR Part 45 deals with the following relevant types of fixed costs (amongst others): • I –Fixed Costs • II –Road Traffic Accidents –Fixed Recoverable Costs • III - The Pre-Action Protocols for Low Value Personal Injury Claims in RTA and Low Value

Rule 45.21 Miscellaneous fixed costs Rule 45.22 Fixed costs of enforcement Rule 45.23 III HM REVENUE AND CUSTOMS Scope, interpretation and application Rule 45.24 Amount of fixed commencement costs in a County Court claim for the recovery of money conducted by an HMRC Officer Rule 45.25 Fixed costs on entry of judgment in a County Court claim

Scope and interpretation Rule 45.16 Application of fixed costs, and disbursements Rule 45.17 Amount of fixed costs Rule 45.18 Disbursements Rule 45.19 Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer Rule 45.20 Settlement at Stage 2 where the claimant is a child Rule 45.21

2. There have been substantial changes to Part 45 (Fixed Costs), which has been largely re-written. A new Practice Direction (PD) 45 sets out the relevant tables of costs. Changes have been made to Part 26 (Case Management – Preliminary Stage) and PD 26, as well as Part 28 (The Fast Track) and PD 28; changes have also been made to

TABLE 9: rule 45.26 – fixed costs on entry of judgment in a County Court claim for recovery of money conducted by an HMRC Officer TABLE 10: rule 45.29 – amount of fixed costs (RTA Protocol) TABLE 11: rule 45.29 – amount of fixed costs (EL/PL Protocol) TABLE 12: rule 45.44 – amount of fixed costs in the fast track

PART 45 – FIXED COSTS 1) For Practice Direction 45 substitute Practice Direction 45 as set out in Schedule 3 to this instrument. PRACTICE DIRECTION 46 – COSTS SPECIAL CASES 1) In the table of contents, omit the entries for paragraphs 8.1 and 8.2. 2) In paragraph 3.4, omit “rule 45.39(5)(b) and”.

FIXED COSTS RECOVERY TABLES FROM 1 October 2023 TABLE 14: rule 45.50 – amount of fixed costs in the intermediate track Complexity Band ... Part 28 and Section VIII of Part 45 make provision), the complexity band to which a claim will normally be assigned in the fast track is set out in Table 1. Table 1. Complexity

Fixed costs in small claims 1.1 Under Rule 27.14 the costs which can be awarded to a claimant in a small claim include the fixed costs payable under Part 45 attributable to issuing the claim. 1.2 Those fixed costs are the sum of – (a) the fixed commencement costs calculated in accordance with Table 1 of Rule 45.2;

• Rule 45.46: ‘Where a claim would normally be assigned to complexity band 4, under rule 26.15 in addition to the costs allowable in Table 12, the fixed costs may include an amount in accordance with Table 13.’ Table 13: • Post-issue advice (in writing or conference): £1,000. • (Drafting) statement of case: £500.

• But do read Part 45 for additional provisions and amounts! –CPR 45.46 – specialist legal advice (Table 13 PD45); –CPR 45.47 – advice under the protocol (£150) • Note – from 6 April 2024 consultation, all costs in Tables 12, 14 and 15 were uprated by 3.2% (9 months of SPPI inflation)

FIXED COSTS SECTION 24 FIXED COSTS IN SMALL CLAIMS 24.1 Under Rule 27.14 the costs which can be awarded to a claimant in a small claims track case include the fixed costs payable under Part 45 attributable to issuing the claim. 24.2 Those fixed costs shall be the sum of (a) the fixed commencement costs calculated in accordance with Table 1 ...

Court also held that Part 36.14(3) applied to Section IIIA cases but the costs were not limited to the fixed costs. Both sides appealed. The Rules Fixed costs for low value personal injury cases were introduced by Section IIIA CPR 45 and apply to claims submitted in the portal on or after 31st July 2013. The Rules under 45.29B allow for costs and

Rule 45.21: Miscellaneous fixed costs Rule 45.22: Fixed costs of enforcement Rule 45.23: III HM REVENUE AND CUSTOMS Scope, interpretation and application: Rule 45.24 Amount of fixed commencement costs in a County Court: claim for the recovery of money conducted by an HMRC Officer Rule 45.25: Fixed costs on entry of judgment in a county court claim

Rules, Part 45 (Fixed Costs) and Practice Direction (PD) 45 (which sets out the relevant tables of recoverable costs and stages at which these might be awarded). ... • TABLE 3: rule 45.19 – fixed costs on entry of judgment in a claim for the recovery of money or goods • TABLE 4: rule 45.20 – amount of fixed commencement costs in a claim ...

27 July 2023. Dov Ohrenstein: dov@radcliffechambers.com. Louis Grandjouan . lgrandjouan@radcliffechambers.com. www.radcliffechambers.com. 1 FIXING COSTS:

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This section covers the existing Section I of Part 45: set fixed costs for commencement, entry of judgment and enforcement. These provisions are largely unchanged. Section III. This section covers the existing Section V of Part 45 and is limited to claims for debt conducted by an officer of HM Revenue and Customs.