Rule 45.45 Fixed costsF1

(1)

In Table 12—

(a)

unless stated otherwise, “damages”—

(i)

means any form of monetary relief;

(ii)

in a claim which has no monetary value, shall be taken to mean an amount equivalent to—

(aa)

£10,000 in a claim assigned to complexity band 2;

(bb)

£15,000 in a claim assigned to complexity band 3; and

(cc)

£20,000 in a claim assigned to complexity band 4;

(iii)

in a claim which includes both a claim for monetary relief and a claim which has no monetary value, means the applicable amount in sub-paragraph (ii) taken together with the monetary value in sub-paragraph (i); and

(iv)

in so far as it applies to monetary relief, means—

(aa)

agreed damages; or

(bb)

an amount awarded following trial;

(Rule 44.2 provides that the court has a discretion as to the costs order to be made including whether an order for costs relating only to a distinct part of the proceedings is appropriate.)

(b)

the figures in each of stages A to C are the cumulative totals for costs incurred up to and including that stage;

(c)

the figures in stage D are separate sums where the claim is disposed of at trial; and

(d)

a reference to a ‘trial’ is a reference to the final hearing.

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)

Notes on Part 45

Textual amendments

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)