Fees and Fixed Costs in Civil Actions 9781526502490, 9781526502520, 9781526502513

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Fees and Fixed Costs in Civil Actions

Twenty Fifth Edition

compiled by A K Biggs formerly of The Court Service

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Fees in Civil Proceedings  3 – Fees payable in the High Court and county court 3 – Fees payable in the Court of Appeal, the High Court and county court  8 – Fees payable in Admiralty matters  13 – Fees payable in the High Court and Court of Appeal only 14 – Fees payable in the Court of Appeal only  14 – Fees payable in the Supreme Court  14 – Remission from payment of fees  16 Costs in civil proceedings  22 Civil legal aid prescribed rates of remuneration 58

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FEES AND FIXED COSTS IN CIVIL ACTIONS

PART I: FEES IN CIVIL PROCEEDINGS The fees below are derived from the Civil Proceedings Fees Order 2008 (as amended), and the fee numbers shown here are as in that Order. The Order, as amended, in force from 6 March 2017.

Section 1: Fees payable in the High Court and county court Fee No 1.

Fee

Starting of proceedings

1.1 On starting proceedings (including proceedings issued after leave to issue is granted) to recover a sum of money, except in County Court Business Centre cases brought by Centre users or cases brought by Money Claim OnLine users, where the sum claimed: (a) does not exceed £300��������������������������������������������������£35 (b) exceeds £300 but does not exceed £500�������������������£50 (c) exceeds £500 but does not exceed £1,000����������������£70 (d) exceeds £1,000 but does not exceed £1,500�������������£80 (e) exceeds £1,500 but does not exceed £3,000����������� £115 (f) exceeds £3,000 but does not exceed £5,000�����������£205 (g) exceeds £5,000 but does not exceed £10,000������������������������������������������������������������������������£455 (h) exceeds £10,000 but does not exceed £200,000������������������������������������������������������������� 5% of the value of the claim (i)

exceeds £200,000 or is not limited��������������������� £10,000

Note to fee 1.1 Where the claimant does not identify the value of the claim when starting proceedings to recover a sum of money, the fee payable is the one applicable to a claim where the sum is not limited 1.2 On starting proceedings to recover a sum of money in CCBC cases brought by Centre users or cases brought by Money Claim OnLine users, where the sum claimed: (a) does not exceed £300��������������������������������������������������£25 (b) exceeds £300 but not £500�����������������������������������������£35 (c) exceeds £500 but not £1,000��������������������������������������£60 (d) exceeds £1,000 but not £1,500�����������������������������������£70 (e) exceeds £1,500 but not £3,000��������������������������������� £105 (f) exceeds £3,000 but not £5,000��������������������������������� £185 (g) exceeds £5,000 but not £10,000������������������������������� £410 (h) exceeds £10,000 but not £100,000����������������4.5% of the value of the claim Note: Claims above £99,999 cannot be issued through the CCBC. Parties should issue the claim in the relevant court.

3

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

Note to Fees 1.1 and 1.2 Where the claimant is making a claim for interest on a specified sum of money, the amount on which the fee is calculated is the total amount of the claim and the interest. 1.4 On starting proceedings for the recovery of land: (a) in the High Court��������������������������������������������������������£480 (b) in the County Court other than where fee 1.4 (c) applies������������������������������������������������������£355 (c) using the Possession Claims OnLine website�����������������������������������������������������������������������£325 1.5 On starting proceedings for any other remedy or relief (including proceedings issued after permission to issue is granted) in the High Court��������������������������������������������������������������£528 in the County Court���������������������������������������������������������£308 Notes: Fees 1.1, 1.4 and 1.5 Recovery of land or goods Where a claim for money is additional or alternative to a claim for recovery of land or goods, only fee 1.4 or 1.5 is payable. Fees 1.1 and 1.5 Claims other than recovery of land or goods Where a claim for money is additional to a nonmoney claim (other than a claim for recovery of land or goods), fee 1.1 is payable in addition to fee 1.5. Where a claim for money is alternative to a nonmoney claim (other than a claim for recovery of land or goods) then fee 1.1 is payable in the High Court, and, in the County Court, whichever is the greater of fee 1.1 or 1.5 is payable. Fees 1.1 and 1.5 Where more than one non-money claim is made in the same proceedings, fee 1.5 is payable once only, in addition to any fee which may be payable under fee 1.1. Fees 1.1 and 1.5 are not payable where fee 1.8(b), fee 1.9(a), fee 3 or fee 10.1 apply. Fees 1.1 and 1.5 Amendment of claim or counterclaim Where the claim or counterclaim is amended, and the fee paid before amendment is less than that which would have been payable if the document, as amended, had been so drawn in the first instance, the party amending the document must pay the difference. 1.6 On the filing of proceedings against a party or parties not named in the proceedings������������������������£55 Note: Fee 1.6 is payable by a defendant who adds or substitutes a party or parties to the proceedings or by a claimant who adds or substitutes a defendant or defendants.

4

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

1.7 On the filing of a counterclaim.

The same fee as if the relief or remedy sought were the subject of separate proceedings. No fee is payable on filing a counterclaim which a defendant is required to make under rule 57.8 of the CPR (requirement to serve a counterclaim if a defendant makes a claim or seeks a remedy in relation to a grant of probate of a will, or letters of administration of an estate, of a deceased person).

1.8 (a) On an application for permission to issue proceedings�������������������������������������������������������£55 (b) On an application for an order under Part III of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by his client; or on the commencement of costs-only proceedings������������������������������������������£55 1.9 (a) On an application for permission to apply for judicial review������������������������������������������������������£154 (b) On a request to reconsider at a hearing a decision on permission��������������������������������������������£385 Where the court has made an order giving permission to proceed with a claim for judicial review, there is payable by the claimant within 7 days of service on the claimant of that order: (c) If the proceedings have been started by an application for permission to apply for judicial review����������������������������������������������������£770 Where fee 1.9(b) has been paid and permission is granted at a hearing, fee 1.9(c) is�����������������������������������������£385 (d) if the claim for judicial review was started otherwise than by an application for permission to apply for judicial review������������£154 2.

General fees – High Court and County Court

2.1 On the court fixing a trial date or trial period for a case allocated to: (a) a case on the multi-track��������������������������������������£1,090 (b) a case on the fast track���������������������������������������������£545 (c) a case on the small claims track where the sum claimed: (i)

does not exceed £300�����������������������������������������£25

(ii) exceeds £300 but does not exceed £500����������������������������������������������������������������������£55 (iii) exceeds £500 but does not exceed £1,000�������������������������������������������������������������������£80 (iv) exceeds £1,000 but does not exceed £1,500����������������������������������������������������������������� £115 (v) exceeds £1,500 but does not exceed £3,000����������������������������������������������������������������� £170 (vi) exceeds £3,000��������������������������������������������������£335

5

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

Note: Fee 2.1 is payable by the claimant except where the action is proceeding on the counterclaim alone, when it shall be payable by the defendant: Where notice of trial date or trial period is given by the court 36 days or more before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable at least 28 days prior to the trial date or the Monday of the first week of the notified trial period. Where notice of trial date or trial period is given by the court less than 36 days before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable within 7 days after the date on which such notice is given. Where the court gives notice of both a trial date and a trial period, the fee is payable by reference to the Monday of the first week of the notified trial period. Written notice is given on the date on which the notice is sent out from the court. Oral notice is given on the date on which the notice is communicated by the court. Where notice is both in written form and given orally, the notice is given on the date that the written notice is sent out from the court Where an application for fee remission is refused in whole or in part, fee 2.1 (or the amount of the fee which remains unremitted) is payable either: (a) within 7 days after the court giving notice of refusal of fee remission (or refusal in part); or (b) at least 28 days prior to the trial date or the Monday of the first week of the notified trial period, whichever is latest. Fee 2.1 is not payable in respect of a case where the court fixed the hearing date on the issue of the claim. 2.2 In the High Court on filing: an appellant’s notice or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court����������������£240 2.3 In the County Court on filing: an appellant’s notice or a respondent’s notice where the respondent is appealing or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court (a) in a claim allocated to the small claims track����������������������������������������������������������������������������£120 (b) in all other claims����������������������������������������������������� £140 Fees 2.2 and 2.3 do not apply on appeals against a decision made in detailed assessment proceedings. 2.4 (a) On an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b)����������������������£255 (b) On an application on notice where no other fee is specified made— (i)

under section 3 of the Protection from Harassment Act 1997; or

(ii) for a payment out of funds deposited in court��������������������������������������������£155

6

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

2.5 (a) On an application by consent or without notice where no other fee is specified, except for applications referred to in fee 2.5(b)���������������������������������������������������������������������������£100 (b) On an application made by consent or without notice where no other fee is specified made— (i)

under section 3 of the Protection from Harassment Act 1997; or

(ii) for a payment out of funds deposited in court����������������������������������������������£50 Note: For the purpose of fee 2.5 a request for a judgment or order on admission or in default does not constitute an application and no fee is payable. Fee 2.5 is not payable on a consent application for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for the hearing. Fees 2.4(a) and 2.5(b) are not payable in proceedings to which fees 3.11 and 3.12 apply. 2.6 On an application for a summons or order for a witness to attend court to be examined on oath or an order for evidence to be taken by deposition, other than an application for which fee 7.2 or 8.3 is payable�������������������������������������������£50 2.7 On an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession�����������������������������������£50 Where more than one remedy is sought in the same application only one fee shall be payable. 2.8 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003 On a request for the issue of a certificate of satisfaction���������������������������������������������������������������������������£15 3.

Companies Act 1985, Companies Act 2006 and Insolvency Act 1986

3.1 On entering a bankruptcy petition: (a) if presented by a debtor or the personal representative of a deceased debtor����������������������£180 (b) if presented by a creditor or other person������������£280 3.2 On entering a petition for an administration order������������������������������������������������������������������������������������£280 3.3 On entering any other petition���������������������������������������£280 Note: One fee only is payable where more than one petition is presented in relation to a partnership. 3.4 (a) On a request for a certificate of discharge from bankruptcy���������������������������������������������������������£70 (b) and after the first certificate, for each copy��������������� £10 3.5 On an application under the Companies Act 1985 the Companies Act 2006 or the Insolvency Act 1986 other than one brought by petition where no other fee is specified (not in existing proceedings)������������������������������������������� £160 Fee 3.5 is not payable where the application is made in existing proceedings

7

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

3.6 On an application for the conversion of a voluntary arrangement to winding up or bankruptcy under art 37 of Council Regulation (EC) No 1346/2000���������������������������������������� £160 3.7 On an application, for the purposes of Council Regulation (EC) No 1346/2000, for an order confirming creditors’ voluntary winding up (where the company has passed a resolution for voluntary winding up and no declaration under s 89 Insolvency Act 1986 has been made)��������������������������������������������������������������������£50 3.8 On filing: (a) notice of intention to appoint an administrator under para 14 of Sch B1 to the Insolvency Act 1986 or in accordance with para 27 of Sch B1�����������������������������������������������£50 (b) notice of appointment of an administrator in accordance with paras 18 or 29 of Sch B1 to the Insolvency Act 1986�������������������������������������������������������������������������������£50 Where a person pays fee 3.8 on filing a notice of intention to appoint an administrator, no fee is payable on that same person filing a notice of appointment of that administrator. 3.9 On submitting a nominee’s report under s 2(2) of the Insolvency Act 1986���������������������������������������£50 3.10 On filing documents in accordance with para 7(1) of Sch A1 to the Insolvency Act 1986�������������������������£50 3.11 On an application by consent or without notice within existing proceedings where no other fee specified���������������������������������������������������������������£50 3.12 On an application with notice within existing proceedings where no other fee specified����������������������£155 3.13 On a search in person of the bankruptcy and companies records, in the County Court������������������������£45 Requests and applications with no fee No fee is payable on a request or on an application to the court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand.

Section 2: Fees payable in the Court of Appeal, the High Court and county court Fee No

Fee

4.

Copy Documents

4.1

On a request for a copy of a document (other than where fee 4.2 applies)— (a) for the first 10 pages or less���������������������������� £10 and (b) per page thereafter������������������������������������������������£0.50 Note: The fee payable under fee 4.1 includes— Where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file.

8

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

Where a party requests that the court fax a copy of a document from the court file. Where the court provides a subsequent copy of a document which it has previously provided. 4.2

On a request for a copy of a document on a computer disk or in other electronic form, for each such copy�������������������������������������������������� £10

5.

Determination of costs Fee 5 does not apply to the determination in the Senior Courts of costs incurred in the Court of Protection

5.1

On the filing of a request for detailed assessment where the party filing the request is legally aided, is funded by the Legal Aid Agency or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and no other party is ordered to pay the costs of the proceedings���������������������������������������������������������������£220

5.2

On the filing of a request for a detailed assessment hearing in any case where fee 5.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974 where (in either case) the amount of the costs to be assessed: •

does not exceed £15,000����������������������������������������� £369

•

exceeds £15,000 but not £50,000��������������������������� £743

•

exceeds £50,000 but not £100,000���������������������� £1,106

•

exceeds £100,000 but not £150,000�������������������� £1,480

•

exceeds £150,000 but not £200,000�������������������� £1,848

•

exceeds £200,000 but not £300,000��������������������£2,772

•

exceeds £300,000 but not £500,000�������������������� £4,620

•

exceeds £500,000�������������������������������������������������� £6,160

Note: Where there is a combined party and party and legal aid, or a combined party and party and Legal Aid Agency, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, Legal Aid Agency or Lord Chancellor determination of costs fee 5.2 shall be attributed proportionately to the party and party, legal aid, or Legal Aid Agency (as the case may be) portions of the bill on the basis of the amount allowed. 5.3

On an application for the issue of a default costs certificate�����������������������������������������������������£66

5.4

On commencing an appeal against a decision made in detailed assessment proceedings���������������������������������������������������������������������� £231

9

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

5.5

On a request or an application to set aside a default costs certificate������������������������������������������������ £121

6.

Determination in the Senior Court of costs incurred in the Court of Protection

6.1

On the filing of a request for detailed assessment: (a) where the amount of the costs to be assessed (excluding VAT and disbursements) does not exceed £3,000����������������� £115 (a) in all other cases�����������������������������������������������������£225

6.2

On an appeal against a decision made in detailed assessment proceedings�����������������������������������£65

6.3

On a request or application to set aside a default costs certificate�����������������������������������������������������£65

7.

Enforcement in the High Court

7.1

On sealing a writ of control/possession/ delivery�������������������������������������������������������������������������������£66 Note: Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.

7.2

On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order�������������������������������������������������������������£55

7.3

(a) On an application for a third party debt order, or the appointment of a receiver by way of equitable execution������������������������������������������������������������������ £110 (b) On an application for a charging order����������������� £110 Note: Fee 7.3(a) is payable in respect of each party against whom the order is sought. Fee 7(3)(b) is payable in respect of each charging order applied for.

7.4

On an application for a judgment summons�������������������������������������������������������������������������� £110

7.5

On a request or application to register a judgment or order, or for leave to enforce an arbitration award, or for a certificate or a certified copy of a judgment or order for use abroad��������������������������������������������������������������������£66

8.

Enforcement in the County Court

8.1

On an application for or in relation to enforcement of a judgment or order of the County Court or through the County Court, by the issue of a warrant of control against goods except a warrant to enforce payment of a fine— (a) in CCBC cases or cases in which a warrant of control is requested in accordance with paragraph 11.2 of Practice Direction 7E to the Civil Procedure Rules (Money Claim OnLine cases)������������������������������������������������������������£77 (b) in any other case����������������������������������������������������� £110

10

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

8.2

On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension and CCBC cases brought by centre users)��������������������������������������������������£33

8.3

On an application for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment���������������������������������������£55

8.4

(a) On an application for a third party debt order, or the appointment of a receiver by way of equitable execution����������������� £110 (b) On an application for a charging order����������������� £110 Note:

.

Fee 8.4(a) is payable in respect of each party against whom the order is sought Fee 8.4(b) is payable in respect of each charging order applied for.

8.5

On an application for a judgment summons����������������� £110

8.6

On the issue of a warrant of possession or a warrant of delivery������������������������������������������������� £121 Note: Where the recovery of a sum of money is sought in addition, no further fee is payable.

8.7

On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure payment of a judgment debt������������������������������������������ £110

8.8

On a consolidated attachment of earnings order or on an administration order: (a) for every £1 or part of £1 of the money paid into court in respect of debts due to creditors����������������������������������������������10p Note: Fee 8.8 is calculated on any money paid into court under any order at the rate in force at the time when the order was made (or, where the order has been amended, at the time of the last amendment before the date of payment).

8.9

On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or the County Court����������������������������������������������£44

8.10 On a request for an order to recover a specified debt within the meaning of the Enforcement of Road Traffic Debts Order 1993 or pursuant to an enactment, treated as a specified debt for the purposes of that Order�����������������������������������������������������������������������������£7 Note: Fee 8.10 is not payable on an application for an extension of time to serve a statutory declaration or a witness statement in connection with any such order or on a request to issue a warrant of control to enforce any such order.

11

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No 8A.

Fee

Service in the County Court

8A.1 On a request for service by bailiff of an order to attend court for questioning�������������������������� £110 9.

Sale (County Court only)

9.1

For removing or taking steps to remove goods to a place of deposit����������������������������The reasonable expenses incurred Note: Fee 9.1 is to include the reasonable expenses of feeding and caring for any animals.

9.2

For the appraisement of goods���������������������5p in the £ or part of £1 of the appraised value

9.3

For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods)�������������15p in the £ or part of £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances

9.4

Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped (a) 10p in the £ or part of £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 9.1 and 9.2

10.

Miscellaneous proceedings or matters (High Court only) Bills of sale

10.1 On filing any document under the Bills of Sale Acts 1878 and the Bills of Sale Act (1878) Amendment Act 1882 or on an application under s 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of the bill���������������������������������������£28 Searches 10.2 For an official certificate of the result of a search for each name, in any register or index held by the court; or in the Court Funds Office, for an official certificate of the result of a search of unclaimed balances for a specified period of up to 50 years�����������������������������������£50

12

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Fee

10.3 On a search in person of the bankruptcy and companies records, including inspection, for each 15 minutes or part of 15 minutes�������������������������������������������������������������������������� £11 Judge sitting as arbitrator 10.4 On the appointment of: (a) a judge of the Commercial Court as an arbitrator or umpire under s 93 of the Arbitration Act 1996������������������������������������� £2,455 (b) a judge of the Technology and Construction Court as an arbitrator or umpire under s 93 of the Arbitration Act 1996�������������������������������������������� £2,455 10.5 For every day or part of a day (after the first day) of the hearing before: (a) a judge of the Commercial Court���������������������� £2,455 (b) a judge of the Technology and Construction Court, so appointed as arbitrator or umpire�������������������������������������������� £2,455 Note: Where fee 10.4 has been paid on the appointment of a judge of the Commercial Court or a judge of the Technology and Construction Court as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded.

Section 3: Fees payable in Admiralty matters Fee No 11.

Fee

Fees payable in admiralty matters In the Admiralty Registrar and Marshal’s Office:

11.1 On the issue of a warrant for the arrest of a ship or goods����������������������������������������������������������������£225 11.2 On the sale of a ship or goods: subject to a minimum fee of��������������������������������������������������������������� £200 (a) for every £100 or fraction of £100 of the price up to £100,000��������������������������������������������� £1 (b) for every £100 or fraction of £100 of the price exceeding £100,000����������������������������������50p Note: Where there are sufficient proceeds of sale in court, fee 11.2 will be taken by transfer from the proceeds of sale in court. 11.3 On entering a reference for hearing by the Registrar����������������������������������������������������������������������������� £70

13

FEES AND FIXED COSTS IN CIVIL ACTIONS

Section 4: Fees payable in the High Court and Court of Appeal only Fee No 12.

Fee

Affidavits

12.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration except for the purpose of receipt of dividends from the Accountant General and for a declaration by a shorthand writer appointed in insolvency proceedings for each person making any of the above������������� £12

•

12.2 For each exhibit referred to in an affidavit, affirmation, attestation or declaration for which fee 12.1 is payable����������������������������������������������������£2

Section 5: Fees payable in the Court of Appeal only Fee No 13.

Fee Fees payable in appeals to the Court of Appeal

13.1(a) Where in an appeal notice permission to appeal or an extension of time for appealing is applied for (or both are applied for)— •

on filing an appellant’s notice, or

•

on filing a respondent’s notice where the respondent is appealing�������������������������������£528

13.1(b) Where permission to appeal is not required or has been granted by the lower court— •

on filing an appellant’s notice, or

•

on filing a respondent’s notice where the respondent is appealing���������������������������� £1,199

13.1(c) On the appellant filing an appeal questionnaire (unless the appellant has paid fee 13.1(b)), or on the respondent filing an appeal questionnaire (unless the respondent has paid fee 13.1(b))������������������������������ £1,199 13.2

On filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court�����������������������������������£528

13.3

On filing an application notice����������������������������������£528 Note: Fee 13.3 is not payable for an application made in an appeal notice.

Section 6: Fees payable in the Supreme Court In the following fees payable from the 1st October 2009 references to— •

‘the 2009 Rules’ means the Supreme Court Rules 2009; and

14

FEES AND FIXED COSTS IN CIVIL ACTIONS

•

‘devolution jurisdiction’ means proceedings under the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998.

The fees set out in column 2 apply to devolution jurisdiction applications. Fee No Column 1 Column 2 14.

Application for permission to appeal

14.1 On filing an application for permission to appeal

£1,000

£400

£160

£160

£800

£400

£1,600

£400

n/a

£200

£320

£160

£4,820

£800

£1,500

£200

16.2 On filing an application for permission to intervene in an appeal

£800

£200

16.3 On filing any other procedural application

£350

£200

16.4 On filing notice of objection to a procedural application

£150

£150

Note: Fee 14.1 in Column 1 increased with effect from 5 August 2011 14.2 On filing notice of objection to an application for permission to appeal 15.

Appeals etc

15.1 On filing notice under rule 18(1)(c) of the 2009 Rules of an intention to proceed with an appeal 15.2 On filing a notice of appeal 15.3 On filing a reference under the Supreme Court’s devolution jurisdiction No fee is payable where the reference is made by a court. 15.4 On filing notice under rule 21(1) of the 2009 Rules (acknowledgement by respondent) 15.5 On filing a statement of relevant facts and issues and an appendix of essential documents 16.

Procedural applications

16.1 On filing an application for a decision of the Registrar to be reviewed

17.

Costs

17.1 On submitting a claim for costs

2.5% of 2.5% of the sum the sum claimed claimed

17.2 On certification by the Registrar under rule 52 of the 2009 Rules of the amount of assessed costs, or on receipt of an order showing the amount

2.5% of 2.5% of the sum the sum allowed allowed

18.

Copying

18.1 On a request for a copy of a document (other than where fee 18.2 or 18.3 applies)— •

for ten pages or less

•

for each subsequent page

15

£5

£5

50p

50p

FEES AND FIXED COSTS IN CIVIL ACTIONS

Fee No

Column 1 Column 2

18.2 On a request for a copy of a document to be provided on a computer disk or in other electronic form, for each such copy

£5

£5

18.3 On a request for a certified copy of a document

£20

£20

Note: The Supreme Court replaced the House of Lords as the appellate court with effect from 1 October 2009.

Section 7: Remission from payment of fees The criteria for remission of a fee in civil proceedings were varied with effect from the 7th October 2013. The details of the tests to be applied are set out below. 1.

Interpretations *****

2.

If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.

Disposable capital test 3.

Subject to paragraph 4, a party satisfies the disposable capital test if— (a) the fee payable by the party and for which an application for remission is made, falls within a fee band set out in column 1 of Table 1; and (b) the party’s disposable capital is less than the amount in the corresponding row of column 2.

TABLE 1 Column 1 (fee band)

Column 2 (disposable capital)

Up to and including £1,000

 £3,000

£1,001 to £1,335

 £4,000

£1,336 to £1,665

 £5,000

£1,666 to £2,000

 £6,000

£2,001 to £2,330

 £7,000

£2,331 to £4,000

 £8,000

£4,001 to £5,000

£10,000

£5,001 to £6,000

£12,000

£6,001 to £7,000

£14,000

£7,001 or more

£16,000

4.

Subject to paragraph 14, if a party or their partner is aged 61 or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Disposable capital 5.

Subject to paragraph 14, disposable capital is the value of every resource of a capital nature belonging to the party on the date on which the application for remission is made, unless it is treated as income or it is disregarded as excluded disposable capital.

16

FEES AND FIXED COSTS IN CIVIL ACTIONS

Disposable capital – non-money resources 6.

The value of a resource of a capital nature that does not consist of money is calculated as the amount which that resource would realise if sold, less— (a) 10% of the sale value; and (b) the amount of any borrowing secured against that resource that would be repayable on sale.

Disposable capital – resources held outside the United Kingdom 7.

(1) Capital resources in a country outside the United Kingdom count towards disposable capital. (2) If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6. (3) If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

Disposable capital – foreign currency resources 8.

Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.

Disposable capital – jointly owned resources 9.

Where any resource of a capital nature is owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.

Excluded disposable capital 10. The following are excluded disposable capital— (a) a property which is the main or only dwelling occupied by the party; (b) the household furniture and effects of the main or only dwelling occupied by the party; (c) articles of personal clothing; (d) any vehicle, the sale of which would leave the party, or their partner, without motor transport; (e) tools and implements of trade, including vehicles used for business purposes; (f) the capital value of the party’s or their partner’s business, where the party or their partner is selfemployed; (g) the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital; (h) a jobseeker’s back to work bonus; (i)

a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j)

any compensation paid as a result of a determination of medical negligence or in respect of any personal

17

FEES AND FIXED COSTS IN CIVIL ACTIONS

injury by a court, or by way of settlement of a claim for medical negligence or personal injury; (k) the capital held in any personal or occupational pension scheme; (l)

any cash value payable on surrender of a contract of insurance;

(m) any capital payment made out of the Independent Living Funds; (n) any bereavement payment; (o) any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death; (p) any student loan or student grant; (q) any payments under the criminal injuries compensation scheme. Gross monthly income test 11. (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party or their partner has the number of children specified in column 1 of Table 2 and— (a) if the party is single, their gross monthly income does not exceed the amount set out in the appropriate row of column 2; or (b) if the party is one of a couple, the gross monthly income of that couple does not exceed the amount set out in the appropriate row of column 3. TABLE 2 Column 1

Column 2

Column 3

Number of children of party

Single

Couple

no children

£1,085

£1,245

1 child

£1,330

£1,490

2 children

£1,575

£1,735

(2) If a party or their partner has more than 2 children, the relevant amount of gross monthly income is the appropriate amount specified in Table 2 for 2 children, plus the sum of £245 for each additional child. (3) For every £10 of gross monthly income received above the appropriate amount in Table 2, including any additional amount added under sub-paragraph (2), the party must pay £5 towards the fee payable, up to the maximum amount of the fee payable. (4) This paragraph is subject to paragraph 12. Gross monthly income cap 12. (1) No remission is available if a party or their partner has the number of children specified in column 1 of Table 3 and— (a) if the party is single, their gross monthly income exceeds the amount set out in the appropriate row of column 2 of Table 3; or (b) if the party is one of a couple, the gross monthly income of that couple exceeds the amount set out in the appropriate row of column 3 of Table 3.

18

FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 3 Column 1

Column 2

Column 3

Number of children of party

Single

Couple

no children

£5,085

£5,245

1 child

£5,330

£5,490

2 children

£5,575

£5,735

(2) If a party or their partner has more than 2 children, the relevant amount of gross monthly income is the appropriate amount specified in Table 3 for 2 children, plus the sum of £245 for each additional child. Gross monthly income 13. (1) Subject to paragraph 14, gross monthly income means the total monthly income, for the month preceding that in which the application for remission is made, from all sources, other than receipt of any of the excluded benefits. (2) Income from a trade, business or gainful occupation other than an occupation at a wage or salary is calculated as— (a) the profits which have accrued or will accrue to the party; and (b) the drawings of the party; in the month preceding that in which the application for remission is made. (3) In calculating profits under sub-paragraph (2)(a), all sums necessarily expended to earn those profits are deducted. Resources and income treated as the party’s resources and income 14. (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party. (2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party. 15. (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable. (2) Where an application for remission of a fee is made, the party must— (a) indicate the fee to which the application relates; (b) declare the amount of their disposable capital; and (c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraphs 11 and 12. (3) Where an application for remission of a fee is made on or before the date on which a fee is payable, the date for payment of the fee is dis-applied. (4) Subject to sub-paragraph (5) where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

19

FEES AND FIXED COSTS IN CIVIL ACTIONS

(5) Where an application for remission of fee 2.1 is refused, or if part remission of that fee is granted, the amount of the fee which remains unremitted must be paid in accordance with the directions in column 1 of the table in Schedule 1 (fees to be taken), in respect of fee 2.1. Remission in exceptional circumstances 16. A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so. Note:- If the fee is payable in the Supreme Court (See Section 6 above) the decision to remit is made by the Chief Executive of the Supreme Court not the Lord Chancellor. Refunds 17. (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date. (2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under paragraph 15, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party. (3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid. (4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months. Note:- If the fee is payable in the Supreme Court (See Section 6 above) the decision to remit is made by the Chief Executive of the Supreme Court not the Lord Chancellor. Legal Aid 18. A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services — (a) Legal representation; or (b) Family help (higher); or (c) Family help (lower) in respect of applying for a consent order. If the fee is payable in the Supreme Court (See Section 6 above) a party is not entitled to a remission of a fee if, for the purpose of the proceedings to which the fee relates— (a) they are in receipt of the following services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012: (i)

Legal representation; or

(ii) Family help (higher);

20

FEES AND FIXED COSTS IN CIVIL ACTIONS

(b) they are in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 Vexatious litigants 19. (1) This paragraph applies where— (a) a restraint order is in force against a party; and (b) that party makes an application for permission to— (i)

issue proceedings or take a step in proceedings as required by the restraint order;

(ii) apply for amendment or discharge of the order; or (iii) appeal the order. (2) The fee prescribed by this Order for the application is payable in full. (3) If the party is granted permission, they are to be refunded the difference between— (a) the fee paid; and (b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph. Exceptions 20. No remissions or refunds are available in respect of the fee payable for— (a) copy or duplicate documents; (b) searches.

21

FEES AND FIXED COSTS IN CIVIL ACTIONS

PART II: COSTS IN CIVIL PROCEEDINGS Parts 44 to 48 of the Civil Procedure Rules 1998 (SI 1998 No 3132), printed herein as amended and currently in force, deal with costs. References to Parts and rules are to the 1998 Rules, unless otherwise indicated. Interpretation and application ‘authorised court officer’ means any officer of— (i)

the County Court;

(ii) a district registry; (iii) the Family Court; (iiia) the High Court or (iv) the Costs Office, whom the Lord Chancellor has authorised to assess costs; ‘conditional fee agreement’ means an agreement enforceable under section 58 of the Courts and Legal Services Act 1990; ‘costs’ includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 46.5 and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track; ‘costs judge’ means a taxing master of the Senior Courts; ‘Costs Office’ means the Senior Courts Costs Office; ‘costs officer’ means— (i)

a costs judge;

(ii) a district judge; or (iii) an authorised court officer; ‘detailed assessment’ means the procedure by which the amount of costs is decided by a costs officer in accordance with Part 47; ‘the Director (legal aid)’ means the person designated as the Director of Legal Aid Casework pursuant to section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or a person entitled to exercise the functions of the Director; ‘fixed costs’ means costs the amounts of which are fixed by these rules whether or not the court has a discretion to allow some other or no amount, and include— (i)

the amounts which are to be allowed in respect of legal representatives’ charges in the circumstances set out in Section I of Part 45;

(ii) fixed recoverable costs calculated in accordance with rule 45.11; (iii) the additional costs allowed by rule 45.18; (iv) fixed costs determined under rule 45.21; (v) costs fixed by rules 45.37 and 45.38; ‘free of charge’ has the same meaning as in section 194(10) of the 2007 Act; ‘fund’ includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or personal representative is entitled in that capacity; ‘HMRC’ means HM Revenue and Customs;

22

FEES AND FIXED COSTS IN CIVIL ACTIONS

‘legal aid’ means civil legal services made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; ‘paying party’ means a party liable to pay costs; ‘the prescribed charity’ has the same meaning as in section 194(8) of the 2007 Act; ‘pro bono representation’ means legal representation provided free of charge; ‘receiving party’ means a party entitled to be paid costs; ‘summary assessment’ means the procedure whereby costs are assessed by the judge who has heard the case or application; ‘VAT’ means Value Added Tax; ‘the 2007 Act’ means the Legal Services Act 2007. (‘Legal representative’ has the meaning given in rule 2.3). (Rule 44.1 (1)). The costs to which Parts 44 to 47 apply include: (a) the following costs where those costs may be assessed by the court: (i)

costs of proceedings before an arbitrator or umpire;

(ii) costs of proceedings before a tribunal or other statutory body; and (iii) costs payable by a client to their legal representative; and (b) costs which are payable by one party to another party under the terms of a contract, where the court makes an order for an assessment of those costs. (Rule 44.1(2)). Court’s discretion as to costs (1) The court has discretion as to— (a) whether costs are payable by one party to another; (b) the amount of those costs; and (c) when they are to be paid. (2) If the court decides to make an order about costs— (a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but (b) the court may make a different order. (3) The general rule does not apply to the following proceedings— (a) proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or (b) proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings. (4) In deciding what order (if any) to make about costs, the court will have regard to all the circumstances, including— (a) the conduct of all the parties; (b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; and (c) any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.

23

FEES AND FIXED COSTS IN CIVIL ACTIONS

(5) The conduct of the parties includes— (a) conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol; (b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue; (c) the manner in which a party has pursued or defended its case or a particular allegation or issue; and (d) whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim. (6) The orders which the court may make under this rule include an order that a party must pay— (a) a proportion of another party’s costs; (b) a stated amount in respect of another party’s costs; (c) costs from or until a certain date only; (d) costs incurred before proceedings have begun; (e) costs relating to particular steps taken in the proceedings; (f) costs relating only to a distinct part of the proceedings; and (g) interest on costs from or until a certain date, including a date before judgment. (7) Before the court considers making an order under paragraph (6)(f), it will consider whether it is practicable to make an order under paragraph (6)(a) or (c) instead. (8) Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so. (Rule 44.2). Basis of assessment Where the court is to assess the amount of costs (whether by summary or detailed assessment) it will assess those costs: (a) on the standard basis; or (b) on the indemnity basis, but the court will not in either case allow costs which have been unreasonably incurred or are unreasonable in amount. (Rule 44.3). Procedure for assessing costs Where the court orders a party to pay costs to another party (other than fixed costs) it may either: (a) make a summary assessment of the costs; or (b) order detailed assessment of the costs by a costs officer, unless any rule, Practice Direction or other enactment provides otherwise. (Rule 44.6). Claim for a sum of money A party may recover fixed costs where: (a) the only claim is a claim for a specified sum of money where the sum of money exceeds £25 and: (i)

judgment in default is obtained under rule 12.4(1);

24

FEES AND FIXED COSTS IN CIVIL ACTIONS

(ii) judgment on admission is obtained under rule 14.4(3); (iii) judgment on admission on part of the claim is obtained under rule 14.5(6); (iv) summary judgment is given under Part 24; (v) the court has made an order to strike out a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or (vi) rule 45.4 applies (payment by defendant within 14 days after service of the particulars of claim of amount claimed or amount accepted in satisfaction of claim); (b) the only claim is a claim where the court gave a fixed date for the hearing when it issued the claim and judgment is given for the delivery of goods, and the value of the claim exceeds £25; (c) the claim for the recovery of land, including a possession claim under Part 55, whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed commencement costs stated in the claim form; (d) the claim is for the recovery of land, including a possession claim under Part 55, where one of the grounds for possession is arrears of rent, for which the court gave a fixed date for the hearing when it issued the claim and judgment is given for the possession of land (whether or not the order for possession is suspended on terms) and the defendant— (i)

has neither delivered a defence, or counterclaim, nor otherwise denied liability; or

(ii) has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent; (e) the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability; (f) the claim is a demotion claim under Section III of Part 65 or a demotion claim is made in the same claim form in which a claim for possession is made under Part 55 and that demotion claim is successful; or (g) a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order. (Rule 45.1(2)). Note: Any appropriate court fee will be allowed in addition to the fixed costs set out below (rule 45.1(4)). No sum in respect of legal representatives’ charges will be allowed where the only claim is for a sum of money or goods not exceeding £25. Any appropriate court fee will be allowed in addition to the costs set out below. (Rule 45.1(3) and (4)).

25

FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 1 Fixed costs on commencement of a claim Relevant band

Where the claim form is served by the court or by any method other than personal service by the claimant

Where the claim form is served personally by the claimant, and there is only one defendant

Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant

£25.01–£500

£50

£60

£15

£500.01–£1,000

£70

£80

£15

£1,001–£5,000 (or the only claim is for delivery of goods and no value is specified or stated on the claim form)

£80

£90

£15

Over £5,000

£100

£110

£15

(Rule 45.2). Where the only claim is for a specified sum of money; and the defendant pays the money claimed within 14 days after being served with the particulars of claim, 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. (Rule 45.3).

26

FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 2 Fixed costs on entry of judgment Where the amount of the judgment exceeds £25 but does not exceed £5,000

Where the amount of the judgment exceeds £5,000

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 of part of claim) and court decides the date and 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 and no other entry in this table applies

£60

£85

Where: (a) the claimant has claimed fixed commencement costs under rule 45.2; and (b) judgment is entered in a claim to which rule 45.1(2)(a) or (b) applies in the circumstances specified in 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 set out in Table 1; and

(ii) the relevant amount shown in Table 2. (Rule 45.4).

27

FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 3 Fixed costs on commencement of a claim for the recovery of land or a demotion claim Where— Where the claim form is served by • the claim the court or by any form is served method other than personally by personal service the claimant; by the claimant and

£69.50

• there is only one defendant

Where there is more than one defendant for each additional defendant personally served at separate addresses by the claimant

£77

£15

(Rule 45.5). (1) Where— (a) the claimant has claimed fixed commencement costs under rule 45.5; and (b) judgment is entered in a claim to which rule 45.1(2) (d) or (f) applies, the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of— (i)

the fixed commencement costs; and

(ii) the sum of £57.25. (2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s legal representative’s charges for preparing and filing— (a) the claim form; (b) the documents that accompany the claim form; and (c) the request for possession, is £79.50. (Rule 45.6). TABLE 4 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 6.15 for each individual served

£53.25

Where a document is served out of the jurisdiction: (a) Scotland, Northern Ireland, the Isle of Man or £68.25 the Channel Islands (b) in any other place

£77

(Rule 45.7).

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FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 5 Fixed enforcement costs For an application under rule 70.5(4) that an award may be enforced as if payable under a court order, where the amount outstanding under the award: exceeds £25 but does not exceed £250 exceeds £250 but does not exceed £600 exceeds £600 but does not exceed £2,000 exceeds £2,000 On attendance to question a judgment debtor (or officer of a company or other corporation) who has been ordered to attend court under rule 71.2 where the questioning takes place before a court officer, including attendance by a responsible representative of the solicitor: On the making of a final third party debt order under rule 72.8(6)(a) or an order for the payment to the judgment creditor of money in court under rule 72.10(1)(b): if the amount recovered is less than £150

otherwise On the making of a final charging order under rule 73.10 (7) (a) or 73.10A (3)(a):

Where a certificate is issued and registered under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982, the costs of registration Where permission is given rule 83.13 to enforce a judgment or order giving possession of land and costs are allowed on the judgment or order, the amount to be added to the judgment or order for costs— (a) basic costs (b) where notice of the proceedings is to be to more than one person, for each additional person Where a writ of control as defined in rule 83.1(2)(k) is issued against any party Where a writ of execution as defined in the rule 83.1(2)1, is issued against any party Where a request is filed for the issue of a warrant of control under rule 83.15 for a sum exceeding £25 Where a request is filed for the issue of a warrant of delivery under rule 83.15 for a sum exceeding £25 Where an application for an attachment of earnings order is made and costs are allowed under [rule 89.10] or CCR Order 28, rule 10, for each attendance on the hearing of the application (Rule 45.8).

29

£30.75 £41.00 £69.50 £75.50 for each halfhour or part, £15.00

one-half of the amount recovered £98.50 £110.00 The court may also allow reasonable disbursements in respect of search fees and the registration of the order £39.00

£42.50 £2.75

£51.75 £51.75 £2.25

£2.25

£8.50

FEES AND FIXED COSTS IN CIVIL ACTIONS

ROAD TRAFFIC ACCIDENTS – FIXED RECOVERABLE COSTS This Section sets out the costs which are to be allowed in— (a) costs-only proceedings under the procedure set out in rule 46.14 (1); or (b) proceedings for approval of a settlement or compromise under rule 21.10(2), in cases to which this Section applies. This Section applies where— (a) the dispute arises from a road traffic accident occurring on or after 6 October 2003; (b) the agreed damages include damages in respect of personal injury, damage to property, or both; (c) the total value of the agreed damages does not exceed £10,000; and (d) if a claim had been issued for the amount of the agreed damages, the small claims track would not have been the normal track for that claim. (Rule 45.9). Application of fixed recoverable costs Subject to rule 45.13, the only costs which are to be allowed are— (a) fixed recoverable costs calculated in accordance with rule 45.11; (b) disbursements allowed in accordance with rule 45.12; and (Rule 45.10). Amount of fixed recoverable costs (1) Subject to paragraphs (2), the amount of fixed recoverable costs is the total of (a) £800; (b) 20% of the damages agreed up to £5,000; and (c) 15% of the damages agreed between £5,000 and £10,000. (2) Where the claimant lives or works in an area set out in the Practice Direction 45; and instructs a legal representative who practises in that area, the fixed recoverable costs shall include, in addition to the costs specified in paragraph (1), an amount equal to 12.5% of the costs allowable under that paragraph. (3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed recoverable costs is a reference to those costs net of any such VAT. (Rule 45.11). Disbursements (1) The court— (a) may allow a claim for a disbursement of a type mentioned in paragraph (2); but (b) will not allow a claim for any other type of disbursement. (2) The disbursements referred to in paragraph (1) are— (a) the cost of obtaining— (i)

medical records;

(ii) a medical report;

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(iii) a police report; (iv) an engineer’s report; or (v) a search of the records of the Driver Vehicle Licensing Authority; (b) where they are necessarily incurred by reason of one or more of the claimants being a child or protected party as defined in Part 21— (i)

fees payable for instructing counsel; or

(ii) court fees payable on an application to the court; or (c) any other disbursement that has arisen due to a particular feature of the dispute. (Rule 45.12). Claims for an amount of costs exceeding fixed recoverable costs (1) The court will entertain a claim for an amount of costs (excluding any success fee or disbursements) greater than the fixed recoverable costs but only if it considers that there are exceptional circumstances making it appropriate to do so. (2) If the court considers such a claim appropriate, it may— (a) summarily assess the costs; or (b) make an order for the costs to be subject to detailed assessment. (3) If the court does not consider the claim appropriate, it must make an order for fixed recoverable costs (and any permitted disbursements) only. (Rule 45.13). The pre-action protocols for low value personal injury claims in road traffic accidents and low value personal injury (employers’ liability and public liability) claims (1) This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 8B (‘the Stage 3 Procedure’). (2) Where a party has not complied with the relevant Protocol rule 45.24 will apply. ‘Relevant Protocol’ means the PreAction Protocol for Personal Injury Claims in Road Traffic Accidents (“the RTA protocol”) or the Pre-action Protocol for Low Value Personal Injury Claims (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”). (3) A reference to ‘Claim Notification Form’ or ‘Court Proceedings Pack’ is a reference to the form used in the relevant Protocol. (Rule 45.16). Application of fixed costs, and disbursements The only costs allowed are— (a) fixed costs in rule 45.18; and (b) disbursements in accordance with rule 45.19, and (c) where applicable, fixed costs in accordance with rule 45.23A or 45.23B. (Rule 45.17). Amount of fixed costs (1) Subject to paragraph (4), the amount of fixed costs is set out in Table 6 and 6A.

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(2) In Tables 6 and 6A— ‘Type A fixed costs’ means the legal representative’s costs; ‘Type B fixed costs’ means the advocate’s costs; and ‘Type C fixed costs’ means the costs for the advice on the amount of damages where the claimant is a child. (3) ‘Advocate’ has the same meaning as in rule 45.37(2)(a). (4) Subject to rule 45.24(2) the court will not award more or less than the amounts shown in Table 6 or 6A. (5) Where the claimant— (a) lives or works in an area set out in Practice Direction 45; and (b) instructs a legal representative who practises in that area, the fixed costs will include, in addition to the costs set out in Tables 6 or 6A, an amount equal to 12.5% of the Stage 1 and 2 and Stage 3 Type A fixed costs. (6) Where appropriate, VAT may be recovered in addition to the amount of fixed costs and any reference in this Section to fixed costs is a reference to those costs net of any such VAT. TABLE 6 Fixed costs in relation to the RTA Protocol Where the value of the claim for damages is not more than £10,000

Where the value of the claim for damages is more than £10,000, but not more than £25,000

Stage 1 fixed costs

£200

Stage 1 fixed costs

£200

Stage 2 fixed costs

£300

Stage 2 fixed costs

£600

Stage 3 – Type A fixed costs

£250

Stage 3 – Type A fixed costs

£250

– Type B fixed costs

£250

– Type B fixed costs

£250

– Type C fixed costs

£150

– Type C fixed costs

£150

TABLE 6A Fixed costs in relation to the EL/PL Protocol Where the value of the claim Where the value of the claim for damages is not more than for damages is more than £10,000 £10,000, but not more than £25,000 Stage 1 fixed costs

£300

Stage 1 fixed costs

£300

Stage 2 fixed costs

£600

Stage 2 fixed costs

£1300

Stage 3 – Type A fixed costs

£250

Stage 3 – Type A fixed costs

£250

– Type B fixed costs

£250

– Type B fixed costs

£250

– Type C fixed costs

£150

– Type C fixed costs

£150

(Rule 45.18). Disbursements (1) Subject to paragraphs (2A) to (2E) the court— (a) may allow a claim for a disbursement of a type mentioned in paragraph (2) or (3); but

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(b) will not allow a claim for any other type of disbursement. (2) In a claim to which either the RTA Protocol or EL/ PL Protocol applies the disbursements referred to in paragraph (1) are— (a) the cost of obtaining— (i)

medical records;

(ii) a medical report or reports or non-medical expert reports as provided for in the relevant Protocol; (b) court fees as a result of Part 21 being applicable; (c) court fees payable where proceedings are started as a result of a limitation period that is about to expire; (d) court fees in respect of the Stage 3 Procedure; and (e) any other disbursement that has arisen due to a particular feature of the dispute. (2A) In a soft tissue injury claim to which the RTA Protocol applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows— (a) obtaining the first report from an accredited medical expert selected via the MedCo Portal : £180; (b) obtaining a further report where justified from an expert from one of the following disciplines— (i)

Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii) Consultant in Accident and Emergency Medicine: £360; (iii) General Practitioner registered with the General Medical Council: £180; or (iv) Physiotherapist registered with the Health and Care Professions Council: £180; (c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required; (d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and (e) answer to questions under Part 35: £80. (2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report from a medical expert who— (a) has provided treatment to the claimant; (b) is associated with any person who has provided treatment; or (c) proposes or recommends treatment that they or an associate provide treatment. (2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified. (2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’, ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(1A), (1A) (10A),(12A)and (16A),respectively, of the RTA Protocol. (3) In a claim to which the RTA Protocol applies, the disbursements referred to in paragraph (1) are also the cost of— (a) an engineer’s report; and (b) a search of the records of the— (i)

Driver Vehicle Licensing Authority; and

(ii) Motor Insurance Database (Rule 45.19). Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer Where rule 36.29(1)(b) or (c) applies, the court will order the defendant to pay— (a) where not already paid by the defendant, the Stage 1 and 2 fixed costs; (b) where the claim is determined— (i)

on the papers, Stage 3 Type A fixed costs;

(ii) at a Stage 3 hearing, Stage 3 Type A and B fixed costs; or (iii) at a Stage 3 hearing and the claimant is a child, Type A, B and C fixed costs; and (c) disbursements allowed in accordance with rule 45.19. (Rule 45.20 printed as in force from the 31 July 2013). Settlement at Stage 2 where the claimant is a child (1) This rule applies where— (a) the claimant is a child; (b) there is a settlement at Stage 2 of the relevant Protocol; and (c) an application is made to the court to approve the settlement. (2) Where the court approves the settlement at a settlement hearing it will order the defendant to pay— (a) the Stage 1 and 2 fixed costs; (b) the Stage 3 Type A, B and C fixed costs; and (c) disbursements allowed in accordance with rule 45.19. (3) Where the court does not approve the settlement at a settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs. (4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at a second settlement hearing. (5) At the second settlement hearing the court will order the defendant to pay— (a) the Stage 3 Type A and C fixed costs for the first settlement hearing; (b) disbursements allowed in accordance with rule 45.19; and

34

FEES AND FIXED COSTS IN CIVIL ACTIONS

(c) the Stage 3 Type B fixed costs for one of the hearings. (6) The court in its discretion may also order— (a) the defendant to pay an additional amount of either or both the Stage 3— (i)

Type A fixed costs;

(ii) Type B fixed costs; or (b) the claimant to pay an amount equivalent to either or both the Stage 3— (i)

Type A fixed costs;

(ii) Type B fixed costs. (Rule 45.21). Settlement at Stage 3 where the claimant is a child (1) This rule applies where— (a) the claimant is a child; (b) there is a settlement after proceedings are started under the Stage 3 Procedure; (c) the settlement is more than the defendant’s relevant Protocol offer; and (d) an application is made to the court to approve the settlement. (2) Where the court approves the settlement at the settlement hearing it will order the defendant to pay— (a) the Stage 1 and 2 fixed costs; (b) the Stage 3 Type A, B and C fixed costs; and (c) disbursements allowed in accordance with rule 45.19. (3) Where the court does not approve the settlement at the settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs. (4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at the Stage 3 hearing. (5) At the Stage 3 hearing the court will order the defendant to pay— (a) the Stage 3 Type A and C fixed costs for the settlement hearing; (b) disbursements allowed in accordance with rule 45.19; and (c) the Stage 3 Type B fixed costs for one of the hearings. (6) The court in its discretion may also order— (a) the defendant to pay an additional amount of either or both the Stage 3— (i)

Type A fixed costs;

(ii) Type B fixed costs; or (b) the claimant to pay an amount equivalent to either or both of the Stage 3— (i)

Type A fixed costs;

(ii) Type B fixed costs. (7) Where the settlement is not approved at the Stage 3 hearing the court will order the defendant to pay the Stage 3 Type A fixed costs. (Rule 45.22).

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FEES AND FIXED COSTS IN CIVIL ACTIONS

Where the court orders that the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child Where— (a) the claimant is a child; and (b) at a settlement hearing or the Stage 3 hearing the court orders that the claim is not suitable to be determined under the Stage 3 Procedure, the court will order the defendant to pay— (i)

the Stage 1 and 2 fixed costs; and

(ii) the Stage 3 Type A, B and C fixed costs. (Rule 45.23). Settlement before proceedings are issued under Stage 3 Where— (a) there is a settlement after the Court Proceedings Pack has been sent to the defendant but before proceedings are issued under Stage 3; and (b) the settlement is more than the defendant’s relevant Protocol offer, the fixed costs will include an additional amount equivalent to the Stage 3 Type A fixed costs. (Rule 45.23A). Additional advice on the value of the claim Where— (a) the value of the claim for damages is more than £10,000; (b) an additional advice has been obtained from a specialist solicitor or from counsel; (c) that advice is reasonably required to value the claim, the fixed costs may include an additional amount equivalent to the Stage 3 Type C fixed costs. (Rule 45.23B). Failure to comply or electing not to continue with the relevant Protocol (1) This rule applies where the claimant— (a) does not comply with the process set out in the relevant Protocol; or (b) elects not to continue with that process, and starts proceedings under Part 7. (2) Subject to paragraph (2A) where a judgment is given in favour of the claimant but— (a) the court determines that the defendant did not proceed with the process set out in the relevant Protocol because the claimant provided insufficient information on the Claim Notification Form; (b) the court considers that the claimant acted unreasonably— (i)

by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7;

(ii) by valuing the claim at more than £25,000, so that the claimant did not need to comply with the relevant Protocol; or

36

FEES AND FIXED COSTS IN CIVIL ACTIONS

(iii) except for paragraph (2)(a), in any other way that caused the process in the relevant Protocol to be discontinued; or (c) the claimant did not comply with the relevant Protocol at all despite the claim falling within the scope of the relevant Protocol, the court may order the defendant to pay no more than the fixed costs in rule 45.18 together with the disbursements allowed in accordance with rule 45.19. [(2A) Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.] (3)

Where the claimant starts proceedings under paragraph 7.28 of the RTA Protocol or paragraph 7.26 of the EL/PL Protocol and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph 7.14(2) or (3) of the RTA Protocol or paragraph 7.17(2) or (3) of the EL/PL Protocol the court will, on the final determination of the proceedings, order the defendant to pay no more than— (a) the Stage 1 and 2 fixed costs; and (b) the disbursements allowed in accordance with rule 45.19.

(Rule 45.24). Where the parties have settled after proceedings have started (1) This rule applies where an application is made under rule 45.29 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B). (2) Where the settlement is more than the defendant’s relevant Protocol offer the court will order the defendant to pay— (a) the Stage 1 and 2 fixed costs where not already paid by the defendant; (b) the Stage 3 Type A fixed costs; and (c) disbursements allowed in accordance with rule 45.19. (3) Where the settlement is less than or equal to the defendant’s RTA Protocol offer the court will order the defendant to pay— (a) the Stage 1 and 2 fixed costs where not already paid by the defendant; and (b) disbursements allowed in accordance with rule 45.19. (4) The court may, in its discretion, order either party to pay the costs of the application. (Rule 45.25). Where the claimant obtains judgment for an amount equal to or less than the defendant’s relevant Protocol offer Where rule 36.29(1)(a) applies, the court will order the claimant to pay— (a) where the claim is determined— (i)

on the papers, Stage 3 Type A fixed costs; or

(ii) at a hearing, Stage 3 Type A and B fixed costs; (b) any Stage 3 disbursements allowed in accordance with rule 45.19. (Rule 45.26).

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FEES AND FIXED COSTS IN CIVIL ACTIONS

Claims Which No Longer Continue Under the RTA or EL/PL Pre-Action Protocols – Fixed Recoverable Costs Scope and interpretation (1) Subject to paragraph (3), this section applies where a claim is started under— (a) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or (b) the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’), but no longer continues under the relevant Protocol or the Stage 3 Procedure in Practice Direction 8B. (2) This section does not apply to a disease claim which is started under the EL/PL Protocol. (3) Nothing in this section shall prevent the court making an order under rule 45.24. (Rule 45.29A ).

REVISIONS TO THE CPR WEF 3 FEBRUARY Application of fixed costs and disbursements – RTA Protocol Subject to rules 45.29F, 45.29G, 45.29H and 45.29J, and for as long as the case is not allocated to the multi-track if, in a claim started under the RTA Protocol, the Claim Notification Form is submitted on or after 31st July 2013, the only costs allowed are— (a) the fixed costs in rule 45.29C; (b) disbursements in accordance with rule 45.29I. (Rule 45.29B). Amount of fixed costs – RTA Protocol (1) Subject to paragraph (2), the amount of fixed costs is set out in Table 6B. (2) Where the claimant— (a) lives or works in an area set out in Practice Direction 45; and (b) instructs a legal representative who practises in that area, the fixed costs will include, in addition to the costs set out in Table 6B, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in Table 6B. (3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT. (4) In Table 6B— (a) in Part B, ‘on or after’ means the period beginning on the date on which the court respectively— (i)

issues the claim;

(ii) allocates the claim under Part 26; or (iii) lists the claim for trial; and (b) unless stated otherwise, a reference to ‘damages’ means agreed damages; and (c) a reference to ‘trial’ is a reference to the final contested hearing. (Rule 45.29C).

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FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 6B Fixed costs where a claim no longer continues under the RTA Protocol A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7 More than £10,000

Agreed damages

At least £1,000, but not more than £5,000

More than £5,000, but not more than £10,000

Fixed costs

The greater of—

The total of— The total of—

(a) £550; or

(a) £1,100; and

(b) the total of—

(b) 15% of damages (ii) 20% of the over damages £5,000 (i) £100; and

(a) £1,930; and (b) 10% of damages over £10,000

B. If proceedings are issued under Part 7, but the case settles before trial On or after the date of listing but prior the date of trial

Stage at which case is settled

On or after the date of issue, but prior to the date of allocation under Part 26

On or after the date of allocation under Part 26, but prior to the date of listing

Fixed costs

The total of—

The total of— The total of—

(a) £1,160; and

(a) £1,880; and (a) £2,655; and

(b) 20% of the damages

(b) 20% of the (b) 20% of the damages damages

C. If the claim is disposed of at trial Fixed costs

The total of— (a) £2,655; and (b) 20% of the damages agreed or awarded; and (c) the relevant trial advocacy fee

D. Trial advocacy fees Damages Not more agreed or than awarded £3,000

More than £3,000, but not more than £10,000

More than £10,000, but not more than £15,000

More than £15,000

Trial £500 advocacy fee

£710

£1,070

£1,705

Application of fixed costs and disbursements – EL/PL Protocol Subject to rules 45.29F, 45.29H and 45.29J, and for as long as the case is not allocated to the multi-track, in a claim started under the EL/PL Protocol the only costs allowed are— (a) fixed costs in rule 45.29E; and (b) disbursements in accordance with rule 45.29I. (Rule 45.29D). Amount of fixed costs – EL/PL Protocol (1) Subject to paragraph (2), the amount of fixed costs is set out— (a) in respect of employers’ liability claims, in Table 6C; and (b) in respect of public liability claims, in Table 6D.

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(2) Where the claimant— (a) lives or works in an area set out in Practice Direction 45; and (b) instructs a legal representative who practises in that area, the fixed costs will include, in addition to the costs set out in Tables 6C and 6D, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in table 6C and 6D. (3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT. (4) In Tables 6C and 6D— (a) in Part B, ‘on or after’ means the period beginning on the date on which the court respectively— (i)

issues the claim;

(ii) allocates the claim under Part 26; or (iii) lists the claim for trial; and (b) unless stated otherwise, a reference to ‘damages’ means agreed damages; and (c) a reference to ‘trial’ is a reference to the final contested hearing. (Rule 45.29E). TABLE 6C Fixed costs where a claim no longer continues under the EL/ PL Protocol – employers’ liability claims A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7 Agreed damages

More than At least £1,000, More than £10,000 but not more than £5,000, but £5,000 not more than £10,000

Fixed costs

The total of—

The total of— The total of—

(a) £950; and

(a) £1,855; and (a) £2,500; and

(b) 17.5% of the damages

(b) 12.5% of damages over £5,000

(b) 10% of damages over £10,000

B. If proceedings are issued under Part 7, but the case settles before trial On or after the date of listing but prior the date of trial

Stage at which case is settled

On or after the date of issue, but prior to the date of allocation under Part 26

On or after the date of allocation under Part 26, but prior to the date of listing

Fixed costs

The total of—

The total of— The total of—

(a) £2,630; and

(a) £3,350; and (a) £4,280; and

(b) 20% of the damages

(b) 25% of the (b) 30% of the damages damages

C. If the claim is disposed of at trial Fixed costs

The total of— (a) £4,280; (b) 30% of the damages agreed or awarded; and (c) the relevant trial advocacy fee

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FEES AND FIXED COSTS IN CIVIL ACTIONS

D. Trial advocacy fees Damages Not more agreed or than awarded £3,000

More than £3,000, but not more than £10,000

More than £10,000, but not more than £15,000

More than £15,000

Trial £500 advocacy fee

£710

£1,070

£1,705

TABLE 6D Fixed costs where a claim no longer continues under the EL/ PL Protocol – public liability claims A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7 More than £10,000

Agreed damages

At least £1,000, but not more than £5,000

More than £5,000, but not more than £10,000

Fixed costs

The total of—

The total of— The total of—

(a) £950; and

(a) £1,855; and

(a) £2,370; and

(b) 10.5% of damages over £5,000

(b) 10% of damages over £10,000

(b) 17.5% of the damages

B. If proceedings are issued under Part 7, but the case settles before trial On or after the date of listing but prior to the date of trial

Stage at which case is settled

On or after the date of issue, but prior to the date of allocation under Part 26

On or after the date of allocation under Part 26, but prior to the date of listing

Fixed costs

The total of—

The total of— The total of—

(a) £2,450; and

(a) £3,065; and (a) £3,790; and

(b) 17.5% of the damages

(b) 22.5% of the damages

(b) 27.5% of the damages

C. If the claim is disposed of at trial Fixed costs

The total of— (a) £3,790; (b) 27.5% of the damages agreed or awarded; and (c) the relevant trial advocacy fee

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FEES AND FIXED COSTS IN CIVIL ACTIONS

Defendants’ costs (1) In this rule— (a) paragraphs (8) and (9) apply to assessments of defendants’ costs under Part 36; (b) paragraph (10) applies to assessments to which the exclusions from qualified one way costs shifting in rules 44.15 and 44.16 apply; and (c) paragraphs (2) to (7) apply to all other cases under this Section in which a defendant’s costs are assessed. (2) If, in any case to which this Section applies, the court makes an order for costs in favour of the defendant— (a) the court will have regard to; and (b) the amount of costs order to be paid shall not exceed, the amount which would have been payable by the defendant if an order for costs had been made in favour of the claimant at the same stage of the proceedings. (3) For the purpose of assessing the costs payable to the defendant by reference to the fixed costs in Table 6, Table 6A, Table 6B, Table 6C and Table 6D, ‘value of the claim for damages’ and ‘damages’ shall be treated as references to the value of the claim. (4) For the purposes of paragraph (3), ‘the value of the claim’ is— (a) the amount specified in the claim form, excluding— (i)

any amount not in dispute;

(ii) in a claim started under the RTA Protocol, any claim for vehicle related damages; (iii) interest; (iv) costs; and (v) any contributory negligence; (b) if no amount is specified in the claim form, 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 (c) £25,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered. (5) Where the defendant— (a) lives, works or carries on business in an area set out in Practice Direction 45; and (b) instructs a legal representative who practises in that area, the costs will include, in addition to the costs allowable under paragraph (2), an amount equal to 12.5% of those costs. (6) Where an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I. (7) Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule. (8) Where, in a case to which this Section applies, a Part 36 offer is accepted, rule 36.20 will apply instead of this rule. (9) Where, in a case to which this Section applies, upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the defendant’s Part 36 offer, rule 36.21 will apply instead of this rule.

42

FEES AND FIXED COSTS IN CIVIL ACTIONS

(10) Where, in a case to which this Section applies, any of the exceptions to qualified one way costs shifting in rules 44.15 and 44.16 is established, the court will assess the defendant’s costs without reference to this rule. (Rule 45.29F). Interim applications (1) Where the court makes an order for costs of an interim application to be paid by one party in a case to which this Section applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6 or 6A. (2) Where the party in whose favour the order for costs is made— (a) lives, works or carries on business in an area set out in Practice Direction 45; and (b) instructs a legal representative who practises in that area, the costs will include, in addition to the costs allowable under paragraph (1), an amount equal to 12.5% of those costs. (3) If an order for costs is made pursuant to this rule, the party in whose favour the order is made is entitled to disbursements in accordance with rule 45.29I. (4) Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule. (Rule 45.29H) Disbursements (1) Subject to paragraphs (2A) to (2E) the court— (a) may allow a claim for a disbursement of a type mentioned in paragraphs (2) or (3); but (b) will not allow a claim for any other type of disbursement. (2) In a claim started under either the RTA Protocol or the EL/PL Protocol, the disbursements referred to in paragraph (1) are— (a) the cost of obtaining medical records and expert medical reports as provided for in the relevant Protocol; (b) the cost of any non-medical expert reports as provided for in the relevant Protocol; (c) the cost of any advice from a specialist solicitor or counsel as provided for in the relevant Protocol; (d) court fees; (e) any expert’s fee for attending the trial where the court has given permission for the expert to attend; (f) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing; (g) a sum not exceeding the amount specified in Practice Direction 45 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purpose of attending a hearing; and (h) any other disbursement reasonably incurred due to a particular feature of the dispute.

43

FEES AND FIXED COSTS IN CIVIL ACTIONS

(2A) In a soft tissue injury claim started under the RTA Protocol, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows— (a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180; (b) obtaining a further report where justified from an expert from one of the following disciplines— (i)

Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii) Consultant in Accident and Emergency Medicine: £360; (iii) General Practitioner registered with the General Medical Council: £180; or (iv) Physiotherapist registered with the Health and Care Professions Council: £180; (c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required; (d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and (e) answer to questions under Part 35: £80. (2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (2A) applies where the medical expert— (a) has provided treatment to the claimant; (b) is associated with any person who has provided treatment; or (c) proposes or recommends that they or an associate provide treatment. (2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified. (2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records. (2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’, ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(1A), (1A), (10A), (12A) and (16A), respectively, of the RTA Protocol. (3) In a claim started under the RTA Protocol only, the disbursements referred to in paragraph (1) are also the cost of— (a) an engineer’s report; and (b) a search of the records of the— (i)

Driver Vehicle Licensing Authority; and

(ii) Motor Insurance Database. (Rule 45.29I) Claims for an amount of costs exceeding fixed recoverable costs (1) If it considers that there are exceptional circumstances making it appropriate to do so, the court will consider a

44

FEES AND FIXED COSTS IN CIVIL ACTIONS

claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in rules 45.29B to 45.29H. (2) If the court considers such a claim to be appropriate, it may— (a) summarily assess the costs; or (b) make an order for the costs to be subject to detailed assessment. (3) If the court does not consider the claim to be appropriate, it will make an order— (a) if the claim is made by the claimant, for the fixed recoverable costs; or (b) if the claim is made by the defendant, for a sum which has regard to, but which does not exceed the fixed recoverable costs, and any permitted disbursements only. (Rule 45.29J) Failure to achieve costs greater than fixed recoverable costs (1) This rule applies where— (a) costs are assessed in accordance with rule 45.29J(2); and (b) the court assesses the costs (excluding any VAT) as being an amount which is in a sum less than 20% greater than the amount of the fixed recoverable costs. (2) The court will make an order for the party who made the claim to be paid the lesser of— (a) the fixed recoverable costs; and (b) the assessed costs. (Rule 45.29K) Costs of the costs – only proceedings or the detailed assessment (1) Where— (a) the court makes an order for costs in accordance with rule 45.29J(3); or (b) rule 45.29K applies, the court may— (i)

decide not to award the party making the claim the costs of the costs only proceedings or detailed assessment; and

(ii) make orders in relation to costs that may include an order that the party making the claim pay the costs of the party defending those proceedings or that assessment. (Rule 45.29L)

SCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT Amount of scale costs (1) Subject to rule 45.32, the court will not order a party to pay total costs of more than— (a) £50,000 on the final determination of a claim in relation to liability; and (b) £25,000 on an inquiry as to damages or account of profits.

45

FEES AND FIXED COSTS IN CIVIL ACTIONS

(2) The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a). (3) The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 45. (4) 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. (4A) Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 45 – Fixed Costs— (a) court fees; (b) costs relating to the enforcement of any court order; and (c) wasted costs (5) 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. (Rule 45. 31).

FIXED COSTS: HM REVENUE AND CUSTOMS Scope, interpretation and application (1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of HM Revenue and Customs charges in the cases to which this Section applies. (2) For the purpose of this Section— (a) ‘HMRC Officer’ means a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005 and authorised to conduct county court proceedings for recovery of debt under section 25(1A) of that Act; (b) ‘Commissioners’ means commissioners for HMRC appointed under section 1 of the Commissioners for Revenue and Customs Act 2005; (c) ‘debt’ means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and (d) ‘HMRC charges’ means the fixed costs set out in Tables 7 and 8 in this Section. (3) HMRC charges must, for the purpose of this Section, be claimed as ‘legal representative’s costs’ on relevant court forms. (4) This Section applies where the only claim is a claim conducted by an HMRC Officer in the county court for recovery of a debt and the Commissioners obtain judgment on the claim. (5) Any appropriate court fee will be allowed in addition to the costs set out in this Section. (6) The claim form may include a claim for fixed commencement costs. Amount of fixed commencement costs in a county court claim for the recovery of money The amount of fixed commencement costs in a claim to which rule 45.33 applies—

46

FEES AND FIXED COSTS IN CIVIL ACTIONS

(a) will be calculated by reference to Table 7; and (b) the amount claimed in the claim form is to be used for determining which claim band in Table 7 applies. (Rule 45.33) TABLE 7 Fixed costs on commencement of a county court claim conducted by an HMRC officer Where the value of the claim does not exceed £25

Nil

Where the value of the claim exceeds £25 but does not exceed £500

£33

Where the value of the claim exceeds £500 but does not exceed £1,000

£47

Where the value of the claim exceeds £1,000 but does not exceed £5,000

£53

Where the value of the claim exceeds £5,000 but does not exceed £15,000

£67

Where the value of the claim exceeds £15,000 but does not exceed £50,000

£90

Where the value of the claim exceeds £50,000 but does not exceed £100,000

£113

Where the value of the claim exceeds £100,000 but does not exceed £150,000

£127

Where the value of the claim exceeds £150,000 but does not exceed £200,000

£140

Where the value of the claim exceeds £200,000 but does not exceed £250,000

£153

Where the value of the claim exceeds £250,000 but does not exceed £300,000

£167

Where the value of the claim exceeds £300,000

£180

(Rule 45.34). Costs on entry of judgment in a county court claim for recovery of money Where— (a) an HMRC officer has claimed fixed commencement costs under Rule 45.34; and (b) judgment is entered in a claim to which rule 45.33 applies, the amount to be included in the judgment for HMRC charges is the total of— (i)

the fixed commencement costs; and

(ii) the amount in Table 8 relevant to the value of the claim. (Rule 45.35). TABLE 8 Fixed costs on entry of judgment in a County Court claim conducted by an HMRC Officer Where the value of the claim does not exceed £5,000

£15

Where the value of the claim exceeds £5,000

£20

When the defendant is only liable for fixed commencement costs 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 the particulars of claim, together with the

47

FEES AND FIXED COSTS IN CIVIL ACTIONS

fixed commencement costs stated in the claim form, the defendant is not liable for any further costs unless the court orders otherwise. (Rule 45.36).

FAST TRACK TRIAL COSTS Scope of this Section (1) This Section 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 Section— ‘advocate’ means a person exercising a right of audience as a representative of, or on behalf of, a party; ‘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 ‘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. (Rule 45.37). Amount of fast track trial costs (1) Table 9 shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment). TABLE 9 Value of the claim

Amount of fast track trial costs which the court may award

No more than £3,000

£485

More than £3,000 but not more than £10,000

£690

More than £10,000 but not more than £15,000

£1,035

For proceedings issued on or after 6th April 2009, more than £15,000

£1,650

(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 45.39 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—

48

FEES AND FIXED COSTS IN CIVIL ACTIONS

(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 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 £15,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered. (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 the claim and the counterclaim. (Rule 45.38). Power to award more or less than the amount of fast track trial costs (1) This rule sets out when a court may award— (a) an additional amount to the amount of fast track trial costs shown in Table 9 in rule 45.38(1); or (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 £345 in respect of the legal representative’s attendance at the trial. (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

49

FEES AND FIXED COSTS IN CIVIL ACTIONS

amount is limited in accordance with paragraph (4) of this rule. (4) The additional amount the court may award under paragraph (3) will not exceed two thirds of the amount payable for that claim, subject to a minimum award of £485. (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 Practice Direction 46. (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. (Rule 45.39). Fast track trial costs where there is more than one claimant or defendant (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) or (5) is—

50

FEES AND FIXED COSTS IN CIVIL ACTIONS

(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 45.38(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 subparagraph (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. (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. (Rule 45.40).

Section IV of Part 45 scale costs for proceedings in the intellectual property enterprise court Tables A and B Tables A and B set out the maximum amount of scale costs which the court will award for each stage of a claim in a patents county court. Table A sets out the scale costs for each stage of a claim up to determination of liability. Table B sets out the scale costs for each stage of an inquiry as to damages or account of profits. TABLE A Stage of a claim

Maximum amount of costs

Particulars of claim

 £7,000

Defence and counterclaim

 £7,000

Reply and defence to counterclaim

 £7,000

Reply to defence to counterclaim

 £3,500

Attendance at a case management conference

 £3,000

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FEES AND FIXED COSTS IN CIVIL ACTIONS

Stage of a claim

Maximum amount of costs

Making or responding to an application

 £3,000

Providing or inspecting disclosure or product/ process description

 £6,000

Performing or inspecting experiments

 £3,000

Preparing witness statements

 £6,000

Preparing experts’ report

 £8,000

Preparing for and attending trial and judgment £15,000 Preparing for determination on the papers

 £5,500

TABLE B Stage of a claim

Maximum amount of costs

Points of claim

£3,000

Points of defence

£3,000

Attendance at a case management conference

£3,000

Making or responding to an application

£3,000

Providing or inspecting disclosure

£3,000

Preparing witness statements

£6,000

Preparing experts’ report

£6,000

Preparing for and attending trial and judgment

£8,000

Preparing for determination on the papers

£3,000

(Practice Direction 45)

SUMMARY ASSESSMENT OF INTERLOCUTORY COSTS Guideline hourly rates (charging rates) for solicitors as from 1 January 2010. As at the date of revising this text (May 2016), the guidance rates have not been increased. Locality

Grade of fee earner A– Solicitors with over 8 years’ PQE including at least 8 years’ litigation experience

Band One

B– Solicitors and Fellows of the Institute of Legal Executives with over 4 years’ PQE including at least 4 years’ litigation experience

C – Other solicitors and Fellows of the Institute of Legal Executives and fee earners of equivalent experience

D – Trainee solicitors, paralegals and fee earners of equivalent experience

£

£

£

£

217

192

161

118

Aldershot, Farnham, Bournemouth (including Poole) Birmingham Inner, Bristol Cambridge City Centre, Harlow

52

FEES AND FIXED COSTS IN CIVIL ACTIONS

Locality

Grade of fee earner A– Solicitors with over 8 years’ PQE including at least 8 years’ litigation experience

B– Solicitors and Fellows of the Institute of Legal Executives with over 4 years’ PQE including at least 4 years’ litigation experience

C – Other solicitors and Fellows of the Institute of Legal Executives and fee earners of equivalent experience

D – Trainee solicitors, paralegals and fee earners of equivalent experience

£

£

£

£

201

177

146

111

Canterbury, Maidstone, Medway & Tunbridge Wells Cardiff (Inner) Chelmsford South, Essex and East Suffolk, Chester, Fareham, Winchester, Hampshire, Dorset, Wiltshire, Isle of Wight Kingston, Guildford, Reigate, Epsom Leeds Inner (within 2 kilometre radius of the City Art Gallery) Lewes Liverpool, Birkenhead Manchester Central Newcastle – City Centre (within a 2 mile radius of St Nicholas Cathedral) Norwich City Nottingham City Oxford, Thames Valley Southampton, Portsmouth Swindon, Basingstoke Watford Band Two Bath, Cheltenham and Gloucester Taunton, Yeovil Bury Chelmsford North, Cambridge County Peterborough, Bury St E, Norfolk Lowestoft Cheshire, North Wales

53

FEES AND FIXED COSTS IN CIVIL ACTIONS

Locality

Grade of fee earner A– Solicitors with over 8 years’ PQE including at least 8 years’ litigation experience

B– Solicitors and Fellows of the Institute of Legal Executives with over 4 years’ PQE including at least 4 years’ litigation experience

C – Other solicitors and Fellows of the Institute of Legal Executives and fee earners of equivalent experience

D – Trainee solicitors, paralegals and fee earners of equivalent experience

£

£

£

£

201

177

146

111

Coventry, Rugby, Nuneaton, Stratford and Warwick Hull (City) Leeds Outer, Wakefield & Pontefract Leigh, Lincoln, Exeter, Plymouth Luton, Bedford, St Albans, Hitchin, Hertford Manchester Outer, Oldham, Bolton, Tameside, Newcastle (other than City Centre), Nottingham, Derbyshire, Sheffield, Doncaster and South Yorkshire Southport St Helens Stockport, Altrincham, Salford Swansea, Newport, Cardiff (Outer) Wigan Wolverhampton, Walsall, Dudley and Stourbridge York, Harrogate Band Three Birmingham Outer Bradford (Dewsbury, Halifax, Huddersfield, Keighley & Skipton) Cumbria Devon, Cornwall Grimsby, Skegness Hull Outer Kidderminster Northampton & Leicester Nottingham & Derbyshire

54

FEES AND FIXED COSTS IN CIVIL ACTIONS

Locality

Grade of fee earner A– Solicitors with over 8 years’ PQE including at least 8 years’ litigation experience

B– Solicitors and Fellows of the Institute of Legal Executives with over 4 years’ PQE including at least 4 years’ litigation experience

C – Other solicitors and Fellows of the Institute of Legal Executives and fee earners of equivalent experience

D – Trainee solicitors, paralegals and fee earners of equivalent experience

£

£

£

£

409

296

226

138

Central London W1, 317 WC1, WC2, SW1

242

196

126

Outer London All other London postcodes (including Bromley, Croydon, Dartford, Gravesend and Uxbridge)

172–229

165

121

Preston, Lancaster, Blackpool, Chorley Accrington, Burnley, Blackburn, Rawtenstall & Nelson Scarborough & Ripon Stafford, Stoke, Tamworth Teesside Worcester, Hereford, Evesham and Redditch Shrewsbury, Telford, Ludlow, Oswestry South & West Wales Note. The guideline rates for Bands 2 and 3 are the same with effect from 1 January 2009 London Band City of London* EC1, EC2, EC3, EC4

229–267

* Although a guideline figure is given for the top grade of fee earner in the City of London, it is recognised that in certain complex, major litigation the appropriate rate may exceed the guideline by a significant margin.

55

FEES AND FIXED COSTS IN CIVIL ACTIONS

COUNSEL’S FEES Table of Counsel’s Fees QUEEN’S BENCH

1 hour hearing

½ day hearing

Junior up to 5 years’ call

£259

£450

Junior 5-10 years’ call

£386

£767

Junior 10+ years’ call

£582

£1,164

CHANCERY DIVISION

1 hour hearing

½ day hearing

Junior up to 5 years’ call

£291

£556

Junior 5-10 years’ call

£497

£931

Junior 10+ years’ call

£757

£1,397

1 hour hearing

½ day hearing

£381

£582

ADMINISTRATIVE COURT Junior up to 5 years’ call Junior 5-10 years’ call

£698

£1,164

Junior 10+ years’ call

£989

£1,746

Costs of litigant in person (1) This Rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person. (2) The costs allowed will not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative. (3) The litigant in person shall be allowed— (a) costs for the same categories of (i)

work; and

(ii) disbursements, which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf; (b) the payments reasonably made by the litigant in person for legal services relating to the conduct of the proceedings; and (c) the costs of obtaining expert assistance in assessing the costs claim. (4) The amount of costs to be allowed to the litigant in person for any item of work claimed will be— (a) where the litigant can prove financial loss, the amount that the litigant can prove to have been lost for time reasonably spent on doing the work; or (b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate of £18 per hour (5) A litigant who is allowed costs for attending at court to conduct the case is not entitled to a witness allowance in respect of such attendance in addition to those costs. (6) For the purposes of this rule, a litigant in person includes— (a) a company or other corporation which is acting without a legal representative; and (b) any of the following who acts in person (except where any such person is represented by a firm in which that person is a partner)—

56

FEES AND FIXED COSTS IN CIVIL ACTIONS

(i)

a barrister;

(ii) a solicitor; (iii) a solicitor’s employee; (iv) a manager of a body recognised under section 9 of the Administration of Justice Act 1985; or (v) a person who, for the purposes of the 2007 Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).

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FEES AND FIXED COSTS IN CIVIL ACTIONS

PART III: CIVIL LEGAL AID PRESCRIBED RATES OF REMUNERATION The following Tables are extracted from Sch 1 to the Civil Legal Aid (Remuneration) Regulations 2013. The rates shown in Tables 1-10 are those currently in force (April 2016).

Civil Standard and Graduated Fees Legal Help and Help at Court TABLE 1 Category

Schedule Authorisation Standard Fee

Schedule Authorisation Escape Fee Threshold

Actions Against the Police

£239

£717

Clinical Negligence

£195

£585

Community Care

£266

£798

Debt

£180

£540

Education

£272

£816

Housing

£157

£471

Miscellaneous

£159 (consumer general contract)

£477 (consumer general contract)

£207 (employment)

£621 (employment)

£203 (personal injury) £609 (personal injury) £79 (all other matters) £237 (all other matters) Public Law

£259

£777

Welfare Benefits

£150

£450

The fees in the above Table for Housing do not apply to the Housing Possession Court Duty Scheme – see Table 6. The fees in the above table for Welfare Benefits do not apply to the payment of remuneration by the Lord Chancellor to providers of civil legal services where the provision of those services is governed by the 2014 Standard Civil Contract (Welfare Benefits). The fee for the payment of remuneration by the Lord Chancellor to those persons is contained in Table 7. Immigration TABLE 4(A) Immigration Standard Fees Stage 1 (Legal Help)

Stage 2a (Controlled Legal Representation)

Stage 2b (Controlled Legal Representation)

Asylum

£413

£227

£567

Immigration Non-Asylum

£234

£227

£454

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FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 4(B) Additional Payments – UKBA Interview Representation at UKBA Interview

£266

TABLE 4(C) Additional Payments for Advocacy Services Additional Payment Oral Case Management Review Hearing

£166

Telephone Case Management Review Hearing

£90

Substantive Hearing in the AIT

Asylum £302 Immigration £237

Additional Day Substantive Hearing

Asylum £161 Immigration £161

TABLE 4(D) Immigration Removal Centres Standard Fees (for exclusive Schedule Holders only) On Site Surgery – advising five or more clients

£360

On site Surgery – advising four clients or less

£180

Fast Track Standby Payment

£34.02

Mental Health TABLE 5(A) Basic fees Basic Fees

Value

Mental Health – non Tribunal

£253

Level 1 (Mental Health Proceedings)

£129

Level 2 (Mental Health Proceedings)

£321

Level 3 (Mental Health Proceedings)

£294

TABLE 5(B) Additional fees Additional Fees

Value

Adjourned Hearing Fee

£117

Remote Travel Payment: Level 1 (Mental Health Proceedings)

£69

Remote Travel Payment: Non-Tribunal, Level 2 (Mental Health Proceedings) , Level 3 (Mental Health Proceedings)

£138

Housing Possession Court Duty Scheme TABLE 6 Standard Fee Standard Fees

Value

London

£75.60

Non-London

£71.55

TABLE 7 Standard Fee 2014 Standard Civil Contract (Welfare Benefits) Standard Fee

£208

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FEES AND FIXED COSTS IN CIVIL ACTIONS

Hourly Rates – Controlled Work Legal Help, Help at Court (Lower) TABLE 7(A) Immigration exceptional cases, Mental Health, Actions Against the Police etc., Public Law, Education and Community Care Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£52.65 per hour £48.24 per hour

Travel & Waiting Time

£27.81 per hour

£27.00 per hour

Routine Letters out and telephone calls

£4.05 per item

£3.78 per item

TABLE 7(B) Housing (except as in Table 7 (c)) and Employment Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£48.74 per hour £45.95 per hour

Travel & Waiting Time

£25.74 per hour

£25.74 per hour

Routine Letters out and telephone calls

£3.78 per item

£3.65 per item

TABLE 7(C) Legal Help or Help at Court provided in relation to a review under section 202 of the Housing Act 1996 and to a defendant to a possession claim in the county court Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£56.16 per hour

£52.56 per hour

Travel & Waiting Time

£27.81 per hour

£27.05 per hour

Routine Letters out and telephone calls

£4.05 per item

£3.78 per item

TABLE 7(D) Immigration and Asylum hourly rates cases Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£51.62 per hour £47.30 per hour

Travel & Waiting Time

£27.27 per hour

£26.51 per hour

Routine Letters out and telephone calls

£3.96 per item

£3.69 per item

Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£46.53 per hour £43.88 per hour

Travel & Waiting Time

£24.62 per hour £24.62 per hour

Routine Letters out and telephone calls

£3.60 per item

TABLE 7(E) All other categories

60

£3.47 per item

FEES AND FIXED COSTS IN CIVIL ACTIONS

Controlled Legal Representation TABLE 8(A) Immigration and Asylum– Escape Fee Cases Activity

London Rate

Non-London Rate

Preparation and Attendance

£57.83 per hour

£54.09 per hour

Travel & Waiting Time

£28.62 per hour £27.81 per hour

Routine Letters out and telephone calls

£4.14 per item

Advocacy

£65.79 per hour £65.79 per hour

£3.87 per item

TABLE 8(B) Immigration and Asylum Chamber of the Upper Tribunal cases where permission granted to Client (non-Fast Track) Activity

London Rate

Non-London Rate

Preparation and Attendance

£74.36 per hour £69.56 per hour

Travel & Waiting Time

£36.82 per hour £35.78 per hour

Routine Letters out and telephone calls

£5.35 per item

Advocacy

£84.56 per hour £84.56 per hour

£4.99 per item

TABLE 8(C) Controlled Legal Representation-Immigration and Asylum hourly Rates Cases Activity

London Rate

Non-London Rate

Preparation and Attendance

£55.08 per hour £51.53 per hour

Travel & Waiting Time

£27.27 per hour

£26.51 per hour

Routine Letters out and telephone calls

£3.96 per item

£3.69 per item

Advocacy

£62.64 per hour £62.64 per hour

TABLE 8(D) Representation in Mental Health proceedings Activity

London Rate

Non-London Rate

Preparation and Attendance

£57.83 per hour

£54.09 per hour

Travel & Waiting Time

£28.62 per hour £27.81 per hour

Routine Letters out and telephone calls

£4.14 per item

Advocacy

£65.79 per hour £65.79 per hour

Attending tribunal with counsel

£30.78 per hour £30.78 per hour

61

£3.87 per item

FEES AND FIXED COSTS IN CIVIL ACTIONS

Hourly Rates – Licensed Work Non-Family Proceedings Prescribed Rates TABLE 10(A) Higher Courts, County Courts and Magistrates’ Courts for work carried out with Schedule Authorisation Activity

Higher Courts

County Court and Magistrate Court

Routine letters out

£6.75 per item

£5.94 per item

Routine telephone calls

£3.74 per item

£3.29 per item

Preparation and attendance

£71.55 per hour £63.00 per hour (London Rate) (London Rate) £67.50 per hour (Non-London Rate)

£59.40 per hour (Non-London Rate)

Attendance at court or conference with counsel

£33.30 per hour £29.25 per hour

Advocacy

£67.50 per hour

£59.40 per hour

Travelling and waiting time

£29.93 per hour

£26.28 per hour

TABLE 10(B) Higher Courts, County Courts and Magistrates’ Courts for work not carried out with Schedule Authorisation Activity

Higher Courts

County Court and Magistrates’ Court

Routine letters out

£6.66 per item

£5.85 per item

Routine telephone calls

£3.69 per item

£3.24 per item

Preparation and attendance

£70.65 per hour £62.10 per hour (London Rate) (London Rate) £66.60 per hour £58.50 per hour (Non-London (Non-London Rate) Rate)

Attending court or conference with counsel

£32.76 per hour £28.80 per hour

Advocacy

£66.60 per hour £58.50 per hour

Travelling and waiting time

£29.43 per hour £25.88 per hour

TABLE 10(C) First Tier Tribunal Activity

London Rate

Preparation and attendance

£55.08 per hour £51.53 per hour

Routine letter out and telephone calls

£3.96 per item

Advocacy

£62.64 per hour £62.64 per hour

Attending tribunal or conference with counsel

£29.30 per hour £29.30 per hour

Travelling and waiting time

£27.27 per hour

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Non-London Rate

£3.69 per item

£26.51 per hour

FEES AND FIXED COSTS IN CIVIL ACTIONS

TABLE 1. Rates in the County Court, High Court or Upper Tribunal other than for Queen’s Counsel Category

Hourly Rate

Preparation and attendance in the High Court or Upper Tribunal

£71.55 (London rate) £67.50 (Non-London rate)

Preparation and attendance in the County Court

£63.00 (London rate) £59.40 (Non-London rate)

Attendance at court or conference in the £33.30 High Court or Upper Tribunal Attendance at court or conference in the £29.25 County Court Advocacy in the High Court or Upper Tribunal

£67.50

Advocacy in the County Court

£59.40

Travel and waiting in the High Court or Upper Tribunal

£29.93

Travel and waiting in the County Court

£26.28

TABLE 2. Rates in the Court of Appeal or Supreme Court and for Queen’s Counsel (in any court) Category

Hourly Rate

Led junior counsel in the Court of Appeal or the Supreme Court

£112.50

Leading senior counsel in the Court of Appeal £157.50 Queen’s Counsel (where approved for briefing £180 or instruction by the Lord Chancellor) in the High Court or Court of Appeal Leading senior counsel in the Supreme Court

£180

Queen’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Supreme Court

£225

Noter/Pupil/2nd led junior counsel in the Court of Appeal or Supreme Court

£36

The Lord Chancellor may pay an enhancement to the hourly rates set out in the above Table where— (a) the work was done with exceptional competence, skill or expertise; (b) the work was done with exceptional speed; or (c) the case involved exceptional circumstances or complexity. The Lord Chancellor must not pay an enhancement which exceeds— (a) 100% for proceedings in the Upper Tribunal or High Court; or (b) 50% for all other proceedings. When calculating the percentage by which the hourly rates may be enhanced under paragraph (3), the Lord Chancellor must have regard to the— (a) degree of responsibility accepted by the barrister;

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FEES AND FIXED COSTS IN CIVIL ACTIONS

(b) care, speed and efficiency with which the barrister prepared the case; and (c) novelty, weight and complexity of the case. The Lord Chancellor must not pay an enhancement which exceeds— (a) 100% for proceedings in the Upper Tribunal or High Court; or (b) 50% for all other proceedings. Where a barrister in independent practice who is not a Queen’s Counsel provides civil legal services in a category not listed in Table 1 or Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in Table 1 and the provisions relating to enhancement under paragraphs (3) to (3B).”; Where a barrister in independent practice who is a Queen’s Counsel provides civil legal services in a category not listed in Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in that Table.”; and For the purpose of the above (a) in determining what is exceptional, the Lord Chancellor may have regard to the generality of proceedings to which the relevant rates apply; (b) ‘care’ includes the skill with which the barrister has carried out the work and, in particular, the care with which the barrister has dealt with a vulnerable client; and (c) ‘weight’ means the— (i)

volume of documentation or other material in a case;

(ii) number of issues arising in a case; or (iii) importance of the case to the client.

64