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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 for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)

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

Court’s power to direct assessment in conjunction with fixed costs determination 45.65. Where, in any claim to which this Section applies, a party seeks an assessment of costs under rule 45.9, rule 45.10 or rule 45.50 (3)— (a)that party must notify the court; and

In this document we set out tables showing the fixed costs for the different types of case.

The new fixed cost regime applies in principle to all cases worth less than £100,000 which are suitable for the fast track and the new intermediate track, save for housing claims.

Amount of FT costs: trial advocacy fees Table 12, Section D Four subdivisions by value (<£3k, £3k to £10k, £10k to £15k and >£15k). Vary from £580 for a Band 1 claim with damages of £3k to £2,900 for a Band 4 claim with damages of >£15k.

The figures set out in tables 10 to 15 within the Practice Direction to CPR 45are going to require some analysis to assess their impact in terms of claims spend and how they might drive claimant behaviours. It is noted that unlike the Fast Track fixed costs, Stage 1 in the Intermediate Track has no specified pre-issue costs.

Fixed recoverable costs formula 25A.5 The amount of fixed costs recoverable is calculated by totalling the following – the sum of £800; 20% of the agreed damages up to £5,000; and 15% of the agreed damages between £5,000 and £10,000.

They set a prescribed sum (or sums) in costs that are recoverable inter partes in civil claims, regardless of the hours done and sums spent on a case. Current system is ‘fixed costs’ not ‘fixed fees’

PD 45 TABLE 12: rule 45.44 – amount of fixed costs in the fast track

A 12.5% uplift is also proposed on fixed costs that are payable to a party who lives in the London area and instructs a legal representative who practices in the London area. The current proposed fixed recoverable costs tables TABLE 1: Rule 45.8 – Pre-action and interim applications (as proposed) (Fixed cost in fast track and intermediate track)

TABLE 4: rule 45.20 – amount of fixed commencement costs in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)

The Costs of the FCD Procedure 7. The costs of Stage 1 are fixed at £500 plus VAT and disbursements 8. The costs of Stage 2 are fixed (and treated as an application under CPR.r.45 PD Table 1) at either £250 (for Fast Track, Complexity Bands 1,2 or 3 cases) or £333 (Fast Track, Complexity Band 4, or Intermediate Track cases). 9.

The courts’ answer is to introduce a fixed costs regime for claims for £100,000 and under. Under this regime, which applies to claims issued from 1 October 2023, the amount of recoverable costs will not depend on the work carried out by lawyers, but the stage at which the case is resolved plus a percentage of the claim value.

This should keep costs down as the majority of fixed costs under each complexity band will be less than what would have been recoverable under the standard basis. It is worth considering whether to issue claims before 1 October 2023 to avoid certain cases falling into the new regime where fixed recoverable costs will apply.

Fixed Costs Practice Direction 45: Table 12 Four sections: A-C set out how the costs vary depend on the stage at which the claim completes. Section D sets out trial advocacy fees. Subdivisions within sections A (claims which settle before issue) and D (trial advocacy fees) further refine the amount of costs depending on the value of the claim.

A brief case study highlighting a fixed recoverable costs table dispute, whereby a Defendant refuted the level of fixed costs recoverable.

There are now 15 fixed costs tables with table 1 dealing with pre-action and interim applications, table 11 fixed costs on the EL/PL protocol, table 12 fixed costs in the fast track, table 14 fixed costs in the intermediate track and table 15 fixed costs in noise induced hearing loss claims.

Solicitors advising on civil litigation claims will be familiar with changes to the fixed recoverable costs regime which come into effect at the start of the month.