Fixed costs—fast track trial costs

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Fixed costs—fast track trial costs
  • Provisions and definitions
  • Definitions
  • Amount of the fast track trial costs
  • Calculating the value of the claim—money claims
  • Calculating the value of the claim—non money claim
  • Calculating the value of the claim—combination of money and non-money claims
  • Calculating the value of the claim—counterclaims
  • Power of the court to award more or less fast track trial costs
  • Multiple parties

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at trial. The amount depends on the value of the claim (Table 9 (CPR 45.38(1)) and whether dealing with a money claim, non money claim or counterclaim. Under CPR 45.39 the court has the power to award more or less fast track trial costs. Also covered are the provisions in CPR 45.40 dealing with where an advocate acts for multiple parties.

Practitioners should be aware that there are specific rules relating to fixed costs in claims arising out of road traffic accidents and employer’s liability and public liability claims which take precedence over these ‘generic’ fast track trial costs. Before proceeding it is worth considering Practice Notes: Fixed costs in road traffic accident claims and Fixed costs in employer liability and public liability claims to determine whether your case is in fact covered by one of these specialist regimes.

Provisions and definitions

Section VI of Part 45 deals with the amount of costs the court may award as the costs of an advocate for preparing for and appearing at the trial of a claim proceeding in the fast track. These are known as Fast track trial costs. Prior to 1 April 2013 the provisions were set out

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