Rule 46.21 Amount of scale costsF1F2
England and Wales
Subject to rule 46.22, the court will not order a party to pay total costs of more than—
£60,000 on the final determination of a claim in relation to liability; and
£30,000 on an inquiry as to damages or account of profits.
The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).
The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 46.
The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.
Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 46 – Costs - Special Cases—
court fees;
costs relating to the enforcement of any court order; and
wasted costs.
Where appropriate, VAT may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.
Annotations
Textual amendments
- F1
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)
- F2
Pt. 46 Section 7 inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(2)
Notes on Part 46
Textual amendments
- F2
Words in Pt. 46 Table of Contents inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(a) (with rule 6); S.I. 2016/717, art. 3(d)
- F3
Words in Pt. 46 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(1)
- F4
Words in Pt. 46 Table of Contents inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(1) (with rule 2)
Modifications
- C1
Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)