| |
When defendant only liable for fixed commencement costs
45.3
- (1) Where -
(a) the only claim is for a specified sum of money; and
(b) the defendant pays the money claimed within 14 days after service of particulars of claim on him, together with the fixed commencement costs stated in the claim form,
the defendant is not liable for any further costs unless the court orders otherwise.
(2) Where -
(a) the claimant gives notice of acceptance of a payment into court in satisfaction of the whole claim;
(b) the only claim is for a specified sum of money; and
(c) the defendant made the payment into court within 14 days after service of the particulars of claim on him, together with the fixed costs stated in the claim form,
the defendant is not liable for any further costs unless the court orders otherwise.
Costs on entry of judgment
45.4
Where -
(a) the claimant has claimed fixed commencement costs under rule 45.2; and
(b) judgment is entered in the circumstances specified in the table in this rule (Table 2),
the amount to be included in the judgment in respect of the claimant's solicitor's charges is the aggregate of -
(i) the fixed commencement costs; and
(ii) the relevant amount shown in Table 2.
TABLE 2
Fixed Costs on Entry of Judgment
|
|
Where the amount of the judgment exceeds £25 but does not exceed £5000
|
Where the amount of the judgment exceeds £5000
|
|
Where judgment in default of an acknowledgment of service is entered under rule 12.4(1) (entry of judgment by request on claim for money only) |
£22 |
£30 |
|
Where judgment in default of a defence is entered under rule 12.4(1) (entry of judgment by request on claim for money only) |
£25 |
£35 |
|
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and claimant accepts the defendant's proposal as to the manner of payment. |
£40 |
£55 |
|
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission on part of claim) and court decides the date or times of payment |
£55 |
£70 |
|
Where summary judgment is given under Part 24 or the court strikes out a defence under rule 3.4(2)(a), in either case, on application by a party |
£175 |
£210 |
|
Where judgment is given on a claim for delivery of goods under a regulated agreement within the meaning of the Consumer Credit Act 1974[60] and no other entry in this table applies |
£60 |
£85 |
Miscellaneous fixed costs
45.5
The table in this rule (Table 3) shows the amount to be allowed in respect of solicitor's charges in the circumstances mentioned.
TABLE 3
Miscellaneous Fixed Costs
|
For service by a party of any document required to be served personally including preparing and copying a certificate of service for each individual served£15 Where service by an alternative method is permitted by an order under rule 6.8 for each individual served |
£25 |
Where a document is served out of the jurisdiction -
(a) in Scotland, Northern Ireland, the Isle of Man or the Channel Islands;
|
£65 |
(b) in any other place
|
£75 |
PART 46
FAST TRACK TRIAL COSTS
Contents of this Part
|
Scope of this Part |
46.1 |
|
Amount of fast track trial costs |
46.2 |
|
Power to award more or less than amount of fast track trial costs |
46.3 |
|
Fast track trial costs where there is more than one claimant or defendant |
46 4 |
Scope of this Part
46.1
- (1) This Part deals with the amount of costs which the court may award as the costs of an advocate for preparing for and appearing at the trial of a claim in the fast track (referred to in this rule as "fast track trial costs").
(2) For the purposes of this Part -
(a) "advocate" means a person exercising a right of audience as a representative of, or on behalf of, a party;
(b) "fast track trial costs" means the costs of a party's advocate for preparing for and appearing at the trial, but does not include -
(i) any other disbursements; or
(ii) any value added tax payable on the fees of a party's advocate; and
(c) "trial" includes a hearing where the court decides an amount of money or the value of goods following a judgment under Part 12 (default judgment) or Part 14 (admissions) but does not include -
(i) the hearing of an application for summary judgment under Part 24; or
(ii) the court's approval of a settlement or other compromise under rule 21.10.
(Part 21 deals with claims made by or on behalf of, or against, children and patients)
Amount of fast track trial costs
46.2
- (1) The following table shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).
|
Value of the claim
|
Amount of fast track trial costs which the court may award
|
|
Up to £3,000 |
£350 |
|
More than £3,000 but not more than £10,000 |
£500 |
|
More than £10,000 |
£750 |
(2) The court may not award more or less than the amount shown in the table except where -
(a) it decides not to award any fast track trial costs; or
(b) rule 46.3 applies,
but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.
(3) Where the only claim is for the payment of money -
(a) for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding -
(i) interest and costs; and
(ii) any reduction made for contributory negligence;
(b) for the purpose of the quantifying fast track trial costs awarded to a defendant, the value of the claim is -
(i) the amount specified in the claim form (excluding interest and costs);
(ii) if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or
(iii) more than £10,000, if the claim form states that the claimant cannot reasonably say how much he expects to recover.
(4) Where the claim is only for a remedy other than the payment of money the value of the claim is deemed to be more than £3,000 but not more than £10,000, unless the court orders otherwise.
(5) Where the claim includes both a claim for the payment of money and for a remedy other than the payment of money, the value of the claim is deemed to be the higher of -
(a) the value of the money claim decided in accordance with paragraph (3); or
(b) the deemed value of the other remedy decided in accordance with paragraph (4),
unless the court orders otherwise.
(6) Where -
(a) a defendant has made a counterclaim against the claimant;
(b) the counterclaim has a higher value than the claim; and
(c) the claimant succeeds at trial both on his claim and the counterclaim,
for the purpose of quantifying fast track trial costs awarded to the claimant, the value of the claim is the value of the defendant's counterclaim calculated in accordance with this rule.
(Rule 20.4 sets out how a defendant may make a counterclaim)
Power to award more or less than the amount of fast track trial costs
46.3
- (1) This rule sets out when a court may award -
(a) an additional amount to the amount of fast track trial costs shown in the table in rule 46.2(1); and
(b) less than those amounts.
(2) If -
(a) in addition to the advocate, a party's legal representative attends the trial;
(b) the court considers that it was necessary for a legal representative to attend to assist the advocate; and
(c) the court awards fast track trial costs to that party,
the court may award an additional £250 in respect of the legal representative's attendance at the trial.
(Legal representative is defined in rule 2.3)
(3) If the court considers that it is necessary to direct a separate trial of an issue then the court may award an additional amount in respect of the separate trial but that amount is limited in accordance with paragraph (4) of this rule.
(4) The additional amount the court may award under paragraph 3 must not exceed two-thirds of the amount payable for that claim, subject to a minimum award of £350.
(5) Where the party to whom fast track trial costs are to be awarded is a litigant in person, the court will award -
(a) if the litigant in person can prove financial loss, two thirds of the amount that would otherwise be awarded; or
(b) if the litigant in person fails to prove financial loss, an amount in respect of the time spent reasonably doing the work at the rate specified in the costs practice direction.
(6) Where a defendant has made a counterclaim against the claimant and -
(a) the claimant has succeeded on his claim; and
(b) the defendant has succeeded on his counterclaim,
the court will quantify the amount of the award of fast track trial costs to which -
(i) but for the counterclaim, the claimant would be entitled for succeeding on his claim; and
(ii) but for the claim, the defendant would be entitled for succeeding on his counterclaim,
and make one award of the difference, if any, to the party entitled to the higher award of costs.
(7) Where the court considers that the party to whom fast track trial costs are to be awarded has behaved unreasonably or improperly during the trial, it may award that party an amount less than would otherwise be payable for that claim, as it considers appropriate.
(8) Where the court considers that the party who is to pay the fast track trial costs has behaved improperly during the trial the court may award such additional amount to the other party as it considers appropriate.
Fast track trial costs where there is more than one claimant or defendant
46.4
- (1) Where the same advocate is acting for more than one party -
(a) the court may make only one award in respect of fast track trial costs payable to that advocate; and
(b) the parties for whom the advocate is acting are jointly entitled to any fast track trial costs awarded by the court.
(2) Where -
(a) the same advocate is acting for more than one claimant; and
(b) each claimant has a separate claim against the defendant,
the value of the claim, for the purpose of quantifying the award in respect of fast track trial costs is to be ascertained in accordance with paragraph (3).
(3) The value of the claim in the circumstances mentioned in paragraph (2) is -
(a) where the only claim of each claimant is for the payment of money -
(i) if the award of fast track trial costs is in favour of the claimants, the total amount of the judgment made in favour of all the claimants jointly represented; or
(ii) if the award is in favour of the defendant, the total amount claimed by the claimants,
and in either case, quantified in accordance with rule 46.2(3);
(b) where the only claim of each claimant is for a remedy other than the payment of money, deemed to be more than £3,000 but not more than £10,000; and
(c) where claims of the claimants include both a claim for the payment of money and for a remedy other than the payment of money, deemed to be -
(i) more than £3,000 but not more than £10,000; or
(ii) if greater, the value of the money claims calculated in accordance with sub paragraph (a) above.
(4) Where -
(a) there is more than one defendant; and
(b) any or all of the defendants are separately represented,
the court may award fast track trial costs to each party who is separately represented.
(5) Where -
(a) there is more than one claimant; and
(b) a single defendant,
the court may make only one award to the defendant of fast track trial costs, for which the claimants are jointly and severally liable. (GL)
(6) For the purpose of quantifying the fast track trial costs awarded to the single defendant under paragraph (5), the value of the claim is to be calculated in accordance with paragraph (3) of this rule.
PART 47
PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS
Contents of this Part
|
I. GENERAL RULES ABOUT DETAILED ASSESSMENT |
|
|
Time when detailed assessment may be carried out |
Rule 47.1 |
|
No stay of detailed assessment where there is an appeal |
Rule 47.2 |
|
Powers of an authorised court officer |
Rule 47.3 |
|
Venue for detailed assessment proceedings |
Rule 47.4 |
|
II. COSTS PAYABLE BY ONE PARTY TO ANOTHER - COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS |
|
|
Application of this section |
Rule 47.5 |
|
Commencement of detailed assessment proceedings |
Rule 47.6 |
|
Period for commencing detailed assessment proceedings |
Rule 47.7 |
|
Sanction for delay in commencing detailed assessment proceedings |
Rule 47.8 |
|
Points of dispute and consequence of not serving |
Rule 47.9 |
|
Procedure where costs are agreed |
Rule 47.10 |
|
III COSTS PAYABLE BY ONE PARTY TO ANOTHER - DEFAULT PROVISIONS |
|
|
Default costs certificate |
Rule 47.11 |
|
Setting aside default costs certificate |
Rule 47.12 |
|
IV COSTS PAYABLE BY ONE PARTY TO ANOTHER - PROCEDURE WHERE POINTS OF DISPUTE ARE SERVED |
|
|
Optional reply |
Rule 47.13 |
|
Detailed assessment hearing |
Rule 47.14 |
|
V INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE |
|
|
Power to issue an interim certificate |
Rule 47.15 |
|
Final costs certificate |
Rule 47.16 |
|
VI DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND |
|
|
Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund |
Rule 47.17 |
|
VII COSTS OF DETAILED ASSESSMENT PROCEEDINGS |
|
|
Liability for costs of detailed assessment proceedings |
Rule 47.18 |
|
Offers to settle without prejudice save as to costs of the detailed assessment proceedings |
Rule 47.19 |
|
VIII APPEALS IN DETAILED ASSESSMENT PROCEEDINGS |
|
|
Right to appeal |
Rule 47.20 |
|
Preliminary requirements for bringing an appeal |
Rule 47.21 |
|
Court to hear appeal |
Rule 47.22 |
|
Duty to seek reasons |
Rule 47.23 |
|
Obtaining the court's permission to appeal |
Rule 47.24 |
|
Appeal procedure |
Rule 47.25 |
|
Powers of the court on appeal |
Rule 47.26 |
(The definitions contained in Part 43 are relevant to this Part)
SECTION I -
GENERAL RULES ABOUT DETAILED ASSESSMENT
Time when detailed assessment may be carried out
47.1
The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings but the court may order them to be assessed immediately.
(The costs practice direction gives further guidance about when proceedings are concluded for the purpose of this rule)
No stay of detailed assessment where there is an appeal
47.2
Detailed assessment is not stayed pending an appeal unless the court so orders.
Powers of an authorised court officer
47.3
- (1) An authorised court officer has all the powers of the court when making a detailed assessment, except -
(a) power to make a wasted costs order as defined in rule 48.7;
(b) power to make an order under -
(i) rule 44.14 (powers in relation to misconduct);
(ii) rule 47.8 (sanction for delay in commencing detailed assessment proceedings);
(iii) paragraph (2) (objection to detailed assessment by authorised court officer); and
(c) power to make a detailed assessment of costs payable to a solicitor by his client, unless the costs are being assessed under rule 48.5 (costs where money is payable to a child or patient).
(2) Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a district judge.
(The costs practice direction sets out the relevant procedure)
Venue for detailed assessment proceedings
47.4
- (1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.
(The costs practice direction sets out the meaning of "appropriate office" in any particular case)
(2) The court may direct that the appropriate office is to be the Supreme Court Costs Office.
(3) A county court may direct that another county court is to be the appropriate office.
(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.
(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)
SECTION II -
COSTS PAYABLE BY ONE PARTY TO ANOTHER - COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGS
Application of this Section
47.5
This section of Part 47 applies where a costs officer is to make a detailed assessment of costs which are payable by one party to another.
Commencement of detailed assessment proceedings
47.6
- (1) Detailed assessment proceedings are commenced by the receiving party serving on the paying party -
(a) notice of commencement in the relevant practice form; and
(b) a copy of the bill of costs.
(Rule 47.7 sets out the period for commencing detailed assessment proceedings)
(2) The receiving party must also serve a copy of the notice of commencement and the bill on any other relevant persons specified in the costs practice direction.
(3) A person on whom a copy of the notice of commencement is served under paragraph (2) is a party to the detailed assessment proceedings (in addition to the paying party and the receiving party).
(The costs practice direction deals with -
other documents which the party must file when he requests detailed assessment;
the court's powers where it considers that a hearing may be necessary;
the form of a bill; and
the length of notice which will be given if a hearing date is fixed)
Period for commencing detailed assessment proceedings
47.7
The following table shows the period for commencing detailed assessment proceedings.
|
Source of right to detailed assessment
|
Time by which detailed assessment proceedings must be commenced
|
|
Judgment, direction, order, award or other determination |
3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay. |
|
Discontinuance under Part 38 |
3 months after the date of service of notice of discontinuance under rule 38.3; or 3 months after the date of the dismissal of application to set the notice of discontinuance aside under rule 38.4 |
|
Acceptance of an offer to settle or a payment into court under Part 36 |
3 months after the date when the right to costs arose. |
Notes
[60]
1974 c.39.back
| |
|
|
| |
Other UK SIs |
Home |
National Assembly for Wales Statutory Instruments |
Scottish Statutory Instruments |
Statutory Rules of Northern Ireland |
Her Majesty's Stationery Office
|
|
|