{
  "url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-45.48",
  "json_url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-45.48.json",
  "legislation": "uksi/1998/3132",
  "legislation_title": "The Civil Procedure Rules 1998",
  "legislation_url": "https://openlegislation.uk/civil-procedure-rules-1998",
  "path": "rule/45.48",
  "kind": "rule",
  "number": "45.48",
  "heading": "Preliminary issue or separate trial",
  "text": "(1) Where a costs order is made in favour of a party in respect of a preliminary issue, that party is entitled to the fixed costs in Table 12 for the stage applicable at the date the preliminary issue is concluded, together with such disbursements as are allowed in accordance with Section IX of this Part.\n(2) Where a claim continues following the conclusion of a preliminary issue and a costs order is made in favour of a party on conclusion of the claim, that party shall be entitled to—\n(a) additional fixed costs, if it is the party in whose favour a costs order is made under paragraph (1); or\n(b) fixed costs, if the party is not a party in whose favour a costs order is made under paragraph (1),\nbeing in either case the amount specified for the stage in Table 12 within which the claim concludes, less the applicable amount in stage B(1), together with such disbursements as are allowed in accordance with Section IX of this Part.\n(3) Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order.\n(4) Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court—\n(a) shall order the paying party to pay that element of the fixed costs which are specified in Table 12, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and\n(b) may order that party to pay a sum on account of that element of the fixed costs in Table 12 which are to be calculated by reference to a percentage of the damages to be awarded.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Rule 45.48(3)(4) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(6)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/3132/rule/45.48",
    "retrieved_at": "2026-10-29T11:12:59.276840+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}