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Rule 45.55 Preliminary issues trialsF1

Where the claimant succeeds at trial of a preliminary issue on limitation and an order for costs is made in favour of the claimant

(a)

the fixed costs may include those stages which would apply as if this was a trial of the claim, including trial advocacy fees; and

(b)

the claimant if successful in their claim for damages is entitled to additional fixed costs for the litigation stages only, starting with stage L2.

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)