mavii

This Practice Direction supplements Part 45 Contents of this Practice Direction Title I – FIXED COSTS TABLES TABLE 1: rule 45.8 – pre-action and interim applications TABLE 2: rule 45.17 – amount of fixed commencement costs in a claim for the recovery of money or goods TABLE 3: rule 45.19 – fixed costs on entry of judgment in a claim for ...

‘(2) In both Table 1 and Table 2, below, the complexity bands numbered 1 to 4 provide an ascending scale of allowable costs commensurate with the complexity of the claim. (3) The complexity band to which a claim is assigned shall determine the costs that are to be allowed under Table 12 or Table 14 in Practice Direction 45.’

(c)a reference to a table by number alone is a reference to the corresponding table in Practice Direction 45. (8) Subject to paragraph (9), a reference in any rule to an amount in a table in Practice Direction 45 is a reference to the amount applicable to a claim on the date that proceedings are issued, regardless of any subsequent amendment.

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;

PRACTICE DIRECTION 28 – THE FAST TRACK AND THE INTERMEDIATE TRACK 1) In paragraph 3.9(b), for “rules 28.2(3) and (4)” substitute “rule 31.5”. PRACTICE DIRECTION 45 – TABLE OF FIXED COSTS (2024) 2) In Table 1, after section C insert— “D. Where appropriate, VAT may be recovered in addition to the fixed costs in this Table”.

Table 2 in Practice Direction 45; or”; and (ii) in sub-paragraph (h), for “the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18”, substitute “the applicable Stage 1 and, where relevant, the Stage 2 fixed costs in Table 10 and Table 11 in Practice Direction 45”. (4) For rule 27.15 substitute— “27.15.

45.2A Amount of fixed commencement costs in a claim for the recovery of land or a demotion claim (1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies shall be calculated by reference to Table 2. (2) The amounts shown in Table 4 are to be allowed in addition, if applicable. CIVIL PROCEDURE RULES

25C.2 Table A sets out the scale costs for each stage of a claim up to determination of liability. 25C.3 Table B sets out the scale costs for each stage of an inquiry as to damages or account of profits. CIVIL PROCEDURE RULES FIXED COSTS Part 45 page 41 PRACTICE DIRECTION OCTOBER 2011

Where the Claimant lives or works in an area set out in Practice Direction 45; and instructs a legal representative who practises in that area, the fixed costs will include, in addition to the costs set out in Table 6B above, an amount equal to 12.5% of the costs allowable.Where appropriate, VAT may also be recovered in addition to the amount of fixed recoverable costs and any reference in ...

(a) the claimant has claimed fixed commencement costs under rule 45.20; and (b) judgment is entered in a claim to which rule 45.16(2)(d) or (f) applies. The total of– (a) the fixed commencement costs; and (b) the sum of £57.25 (2) Amount allowed for the claimant’s legal representative’s charges for preparing and filing– (a) the claim form;

This Practice Direction deals with adding VAT to fixed costs of pre-action applications and the issue of when counsel’s fees are payable when a case is settled or removed from the list prior to the hearing. VAT. PRACTICE DIRECTION 45 – TABLE OF FIXED COSTS (2024) 2) In Table 1, after section C insert— “D.

The current FRC Tables in Practice Direction 45 are headed: “Tables of Fixed Costs (2023)”. This will be amended from 6th April 2024 to: “Tables of Fixed Costs (2024)”, with the Tables showing the increased FRC. Would it not have been much clearer for the rules to read something like: “CPR 45.1(8):

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

Costs greater than FRC can be applied for where vulnerable parties or witnesses have resulted in additional work leading to costs 20% above FRC: r. 45.10. A new CPR Part 45 and Practice Direction 45. A new CPR Part 45 will set out the rules that take effect on Sunday. A new PD 45 will contain tables of fixed costs relevant to various rules.

(2) In both Table 1 and Table 2, below, the complexity bands numbered 1 to 4 provide an ascending scale of allowable costs commensurate with the complexity of the claim. (3) The complexity band to which a claim is assigned shall determine the costs that are to be allowed under Table 12 or Table 14 in Practice Direction 45.

PRACTICE DIRECTION 45 – TABLES OF FIXED COSTS (2023) 1) In the title heading to this Practice Direction, for “(2023)” substitute “(2024)”. 2) In the table of contents, after the entry for Table 15 insert— “TABLE 15A: rule 45.15A – amount of fixed costs and disbursements in restoration

By amending Part 45, the costs of inquest proceedings will be recoverable, but only to the extent that they are outside of FRC. ... amount that is neither more nor less than the fixed costs allowed by the applicable Section and set out in the relevant table in Practice Direction 45." The following wording will now be incorporated into this rule ...

The new fixed recoverable costs regime has provided the catalyst to change the structure of Part 45. It is now in nine sections, with all of the general provisions applicable across all sections in one place. ... that is, Stage 1, 2 and 3 costs in claims handled within the Claims Portal or under Practice Direction 49F. These provisions have ...

The areas set out in paragraph 2.6 of Practice Direction 45 are: ‘… the area served by the County Court hearing centres at Barnet, Bow, Brentford, Central ... it concludes. In RTA claims the extra amount is 12.5% of ‘… the costs allowable under paragraph (1) and set out in Table 6B.’ Table 6B sets out the following types of costs: ...