Part 45 FIXED COSTSF1

Contents of this Part

Title	Number
I GENERAL PROVISIONS
Scope of this Part	Rule 45.1
VAT	Rule 45.2
Additional costs for work in specified areas (‘London weighting’)	Rule 45.3
Litigants in person	Rule 45.4
Entitlement to costs - more than one claimant	Rule 45.5
Defendants’ costs - assessment	Rule 45.6
Counterclaims	Rule 45.7
Pre-action and interim applications	Rule 45.8
Claims for an amount of costs exceeding fixed recoverable costs	Rule 45.9
Claims for an amount of costs exceeding fixed recoverable costs - vulnerability	Rule 45.10
Failure to achieve costs greater than fixed recoverable costs	Rule 45.11
Costs of the costs-only proceedings or the detailed assessment	Rule 45.12
Unreasonable behaviour	Rule 45.13
Costs consequences on reconsideration of track or complexity band	Rule 45.14
Costs consequences where rules 36.23 or 36.24 apply	Rule 45.15
F2Restoration proceedings	45.15A
II COMMENCEMENT, ENTRY OF JUDGMENT AND ENFORCEMENT
Scope and application	Rule 45.16
Amount of fixed commencement costs in a claim for the recovery of money or goods	Rule 45.17
When defendant only liable for fixed commencement costs	Rule 45.18
Fixed costs on entry of judgment in a claim for the recovery of money or goods	Rule 45.19
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)	Rule 45.20
Fixed costs on entry of judgment in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)	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 for recovery of money conducted by an HMRC Officer	Rule 45.26
IV THE PRE ACTION PROTOCOLS FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS AND LOW VALUE PERSONAL INJURY (EMPLOYERS’ LIABILITY AND PUBLIC LIABILITY) CLAIMS
Scope and interpretation	Rule 45.27
Application of fixed costs and disbursements	Rule 45.28
Amount of fixed costs	Rule 45.29
Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer	Rule 45.30
Settlement at Stage 2 or Stage 3 where the claimant is a child	Rule 45.31
Where the court orders that the claim is not suitable to be determined under the Stage 3 procedure and the claimant is a child	Rule 45.32
Settlement before proceedings are issued under Stage 3	Rule 45.33
Additional advice on value of claim	Rule 45.34
Failure to comply or electing not to continue with the relevant Protocol - costs consequences	Rule 45.35
Where the parties have settled after proceedings have started	Rule 45.36
Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer	Rule 45.37
Adjournment	Rule 45.38
Account of payment of Stage 1 fixed costs	Rule 45.39
Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F	Rule 45.40
V THE PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS BELOW THE SMALL CLAIMS LIMIT IN ROAD TRAFFIC ACCIDENTS
Failure to comply with, or electing not to continue under, the RTA Small Claims Protocol	Rule 45.41
Claims which do not continue under the RTA Small Claims Protocol	Rule 45.42
VI FIXED COSTS IN THE FAST TRACK
Scope	Rule 45.43
Amount of fixed costs	Rule 45.44
Fixed costs	Rule 45.45
Specialist legal advice	Rule 45.46
Advice obtained in claims started under the RTA Protocol or the EL/PL Protocol	Rule 45.47
Preliminary issue or separate trial	Rule 45.48
VII FIXED COSTS IN THE INTERMEDIATE TRACK
Scope	Rule 45.49
Amount of fixed costs	Rule 45.50
Preliminary issue or separate trial	Rule 45.51
VIII CLAIMS FOR NOISE INDUCED HEARING LOSS
Scope	rule 45.52
Amount of fixed costs	rule 45.53
More than one defendant	rule 45.54
Preliminary issues trials	rule 45.55
F3. . .	. . .
IX DISBURSEMENTS
Scope of this Section	rule 45.57
Disbursements - Section IV	rule 45.58
Disbursements - Section VI	rule 45.59
Disbursements - Section VII	rule 45.60
Disbursements - Section VIII	rule 45.61
Soft tissue injury and whiplash injury claims	rule 45.62
F4X FIXED COSTS DETERMINATION
Summary determination after hearing	Rule 45.63
Determination where all parties agree on all issues except costs	Rule 45.64
Court’s power to direct assessment in conjunction with fixed costs determination	Rule 45.65
Non-application of Part 36	Rule 45.66

Annotations

Textual amendments

F1: Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)
F2: Words in Pt. 45 Table of Contents inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(a)
F3: Words in Pt. 45 Table of Contents omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(b)
F4: Words in Pt. 45 Table of Contents inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(1)