Rule 45.46 Specialist legal adviceF1
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.
The additional costs in Table 13 are only allowable where—
the legal advice is obtained from, or a statement of case is drafted by—
a specialist legal representative in respect of a matter within their specialist expertise; or
the intended trial advocate; and
the use of that person to provide the advice or draft the statement of case is justified.
A court may only order payment for one advice in writing or in conference unless further advice is justified.
(Rule 2.3 defines ‘legal representative’.)
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)