Part 45 Summary

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Part 45 Summary

Published 21 abril 2023

This part of the Civil Procedure Rules has been in need of an overhaul, as various sections have been bolted on to it over the years. The new fixed recoverable costs regime has provided the catalyst to change the structure of Part 45. It is now in nine sections, with all of the general provisions applicable across all sections in one place.

Section I

This section includes the general provisions which, unless otherwise expressly stated, apply to all the other sections.

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Section II

This section covers the existing Section I of Part 45: set fixed costs for commencement, entry of judgment and enforcement. These provisions are largely unchanged.

Section III

This section covers the existing Section V of Part 45 and is limited to claims for debt conducted by an officer of HM Revenue and Customs. The applicable fixed costs have been tidied up into fewer value bands, to fit better with other provisions.

Section IV

This section replicates the existing Section III for claims under the Low Value injury Protocols: that is, Stage 1, 2 and 3 costs in claims handled within the Claims Portal or under Practice Direction 49F. These provisions have been tidied up, with elements such as London Weighting moved to Section I. The fixed costs and their application are unchanged.

Section V

This section replicates the existing Section IIIB, containing rules 45.29 M and 45.29N for claims in the Official Injury Claim portal under the Pre-Action Protocol for Personal Injury Claims Below The Small Claims Limit in Road Traffic Accidents. The provisions are unchanged.

Section VI

This section deals with fixed costs for all claims in the fast track, expanding the existing provisions for PI claims in current Section IIIA. Table 12 in PD45 sets out the various stage costs applicable to fast track claims across 4 complexity bands.

Section VII

This section deals with fixed costs in the intermediate track and is completely new. Table 14 in PD45 sets out the various stage costs applicable to intermediate track claims, also across 4 complexity bands.

Section VIII

This section is also new deals with fixed costs in claims for noise induced hearing loss as handled under the new Annex to the Pre-Action Protocol for Disease and Illness Claims.

Section IX

This section now contains all provisions relating to disbursements for any claim in which Section IV, VI, VII or VIII applies. In bringing all of the rules on disbursements together in one section, the need for repetition is removed: the limited disbursements which can be claimed under Section IV are listed, with a cross reference to those disbursements plus others allowed in Section VI and wider provisions in Section VII.

The rules for disbursements in Sections VI and VII make it clear no disbursement can be claimed covering work for which solicitors’ costs are already allowed in that section.

Section I: the detail

Now covered within this section are:

  • VAT;
  • London weighting – now also applied to fast track and intermediate track;
  • Litigants in person – including provisions where a party is represented for part of proceedings only;
  • Costs where more than one claimant succeeds in a claim;
  • Defendant’s costs;
  • Costs in counterclaims;
  • Fixed costs for pre-action and interim applications – including applications for reallocation or reassignment;
  • Claims to exceed fixed costs in exceptional circumstances – these mirror existing provisions;
  • Claims to exceed fixed costs because of vulnerability, which work in a similar way to the provisions for exceptional circumstances;
  • Increase or reduction in fixed costs for unreasonable behaviour – 50% in each case;
  • Costs on reconsideration of track or complexity band – the costs will be those for the band where the claim is reallocated or reassigned;
  • A cross reference to the provisions in Part 36, as to how fixed costs will work alongside Part 36 offers.

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