Summary judgment applications—costs recovery
Summary judgment applications—costs recovery

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

  • Summary judgment applications—costs recovery
  • Claimant is successful—fixed costs
  • What is the fixed costs regime?
  • Does the fixed costs regime apply?
  • Determining the amount of fixed costs
  • Claimant is successful—disapplying the fixed costs regime
  • Claimant is successful—recovery of court fees
  • Claimant withdraws a summary judgment application
  • Defendant successfully opposes an application
  • Indemnity costs
  • More...

Claimant is successful—fixed costs

What is the fixed costs regime?

The fixed costs regime is set out in CPR 45. It provides that in certain circumstances and types of cases the successful party will only be able to recover a fixed sum for costs. For general guidance on the fixed costs regime, see Practice Note: Fixed costs—what are they?

The rationale for the fixed costs regime was explained by Akenhead J in Amber Construction Service v London Interspace HG when dealing with costs of a summary judgment application. He observed:

‘Thus in both Rules 45.1 and 45.3 [now rule 45.4] it is clear that the Court retains a discretion to "order otherwise". Thus, in appropriate cases, the Court retains its discretion to order such costs as are appropriate. That said, the fixed cost regime applies, so to speak, in default if the Court does not otherwise order. CPR 45 recognises that many sets of proceedings brought in Court will be in the nature of debt collection exercises. Many such claims will not involve the use of independent solicitors but will be handled internally by the claimants in question. In many such cases the claimants will not incur significant costs and may well not want to incur further costs arguing that they are entitled to more than the fixed amounts. CPR 45 applies amounts and formulas to determine what the fixed costs are in any case.

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