Fixed costs—money claims

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

  • Fixed costs—money claims
  • Types of claims
  • What is a specific value?
  • Determining fixed costs
  • What if the defendant pays the claim?
  • Fixed costs for the entry of a judgment in a claim
  • Advocates fees

Fixed costs—money claims

Types of claims

These types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b):

  1. CPR 45.1(2)(a)—deals with claims for a specific sum and the value of that sum exceeds £25 and where one of the following apply:

    1. (i) judgment in default is obtained under CPR 12.4(1)

    2. (ii) judgment on admission is obtained under CPR 14.4(3)

    3. (iii) judgment on admission on part of the claim is obtained under CPR 14.5(6)

    4. (iv) summary judgment is given under CPR 24

    5. (v) the court has made an order to strike out a defence under CPR 3.4(2)(a) as disclosing no reasonable grounds for defending the claim

    6. (vi) rule 45.4 applies ie the defendant is only liable for fixed commencement costs

  2. CPR 45.1(2)(b)—the only claim is one where the court gave a fixed date for the hearing when it issued the claim and judgment was given for the delivery of goods, the value of which exceeds £25

What is a specific value?

The claimant and the defendant may take very different views on what the specific value is. The approach the court will take will depend on the circumstances of the particular case.

Example:

The claimant claims damages for damaged goods. It takes the view that the amount of damages required to repair the goods needs to be ascertained. However, at that time the cost

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