This Practice Note provides information on fixed costs determination, what it is and when it applies. It also provides information on Precedent U and how it is completed along with guidance on summary determination after the hearing has concluded. Note: this Practice Note sets out the rules that come into force on 1 October 2024 in respect of fixed costs determination. Fixed costs determination—what is it and when does it apply? Fixed costs determination is an assessment procedure for costs disputes in fixed costs cases, which applies from 1 October 2024. It is intended to offer a streamlined process for dealing with fixed costs disputes, which can be dealt with on paper without the need for a hearing. Note that CPR 36 (Part 36 offers) does not apply to any fixed costs determination (CPR 45.66). However, the parties may wish to make an offer to settle outside of Part 36. CPR 45.64(1) provides that fixed costs determination applies to all claims to which CPR 45 applies. It therefore applies to all fixed costs cases in

Dispute Resolution analysis: The claimant intimated a claim against the police for wrongful interference with goods which was settled pre-action after the defendant’s Part 36 Offer. They could not agree whether fixed costs applied to the case: the claimant asserted that wrongful interference implied an intentional tort which would have been allocated to the multi-track had proceedings been issued. They also argued that costs-only proceedings were exempt from fixed recoverable costs, by reason of the Civil Procedure (Amendment No 2) Rules 2023. The judge agreed the claim involved an intentional tort by the police and thus fixed costs did not apply. He ruled against the claimant on the transitional provisions, holding that the claim would otherwise have been caught. Written by David Juckes, barrister at Hailsham Chambers.

PI & Clinical Negligence analysis: From 1 October 2023, noise induced hearing loss claims will be subject to fixed recoverable costs. The new provisions implement the recommendations made by the Civil Justice Council’s (CJC) working group on fixed costs for Noise Induced Hearing Loss (NIHL) claims and will apply to all NIHL claims where no letter of claim was sent before 1 October 2023. The full details of the scheme are found in Section VIII of Part 45, Table 15 in PD45 and the new Annex E to the Pre-Action Protocol for Disease and Illness Claims, but in this alert, partners at DAC Beachcroft Andrew Parker and Will Potts and researcher at DAC Beachcroft, Michael McCabe provide the basics to know before the costs provisions take effect.

This Practice Note contains provisions effective from 6 April 2015 onwards for claims which have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) or the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (EL/PL Protocol) and from 7 May 2018 onwards for claims under the Pre-Action Protocol for Resolution of Package Travel Claims (Package Travel Protocol). The CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. As a result, Part 36 was amended to cover claims in the fast track and intermediate track and to noise-induced hearing loss claims allocated to the fast track to which fixed costs will apply where: • the cause of action accrues on or after 1 October 2023, or • in disease claims, no letter of claim was sent before 1 October 2023 Practitioners should also note that the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in

This Checklist provides a practical guide to the fixed costs regime under CPR 45 for personal injury claims where the accident occurred on or after 1 October 2023 or in disease claims, no letter of claim was sent before 1 October 2023. It takes practitioners through the key procedural steps involved in determining whether fixed costs apply, which fixed costs regime applies, the appropriate recoverable fixed costs and any additional costs that could be recoverable. Pre 1 October 2023 fixed costs regime The Jackson Reforms introduced a fixed costs regime for low-value portal claims which follow the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA protocol) and the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (EL/PL protocol). The Pre-Action Protocol for Resolution of Package Travel Claims (Package Travel Protocol) was then introduced and fixed costs applied to this protocol too. For guidance on the pre 1 October 2023 fixed costs regimes, see Practice Notes: • Fixed costs in road traffic accident

NOTE: The CPR was amended on 1 October 2023 to extend the application of fixed costs. These amendments apply where: • the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident), or • in disease claims, no letter of claim has been sent before 1 October 2023 The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’. For a copy of Part 45 in force prior to 1 October 2023, see: The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies where: • either the case: ◦ is an employers’ liability claim or a public liability claim (not a disease claim) where the claim arises from an accident occurring after 31 July 2013, or ◦ in a disease claim, no letter of claim has been sent to the defendant before 31 July 2013 • the

NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’. For a copy of Part 45 in force prior to 1 October 2023, see: NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA SCP) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions). Under the RTA SCP, legal costs (other than disbursements) are not recoverable from the defendant. For further details, see Practice Note: The road traffic accident

ARCHIVED:  This Practice Note has been archived and is not maintained. Jackson LJ’s ‘Supplemental Report—Fixed Recoverable Costs’ In July 2017, Lord Justice Jackson published his report following his review of fixed recoverable costs (FRC). The report was completed in time with the assistance of 14 assessors. In it, Jackson LJ makes various recommendations, including: • the extension of a FRC regime to all fast-track cases • introducing a new track (the intermediate track) to which FRC would apply (for modest complexity cases which would otherwise be in the multi-track, with a value up to £100,000) • the extension of the existing Aarhus convention based scheme of capped costs in certain judicial review claims to all judicial review claims For a detailed analysis of Jackson LJ’s report, see News Analyses: Fixed recoverable costs report 2017—a summary of conclusions, Will Jackson’s fixed costs proposals deliver access to justice? and Alert: Review of fixed recoverable costs report—published. For a tracker on the progress of the FRC reforms, see Practice Note: Tracker—Fixed costs reforms. Scope of the review The

This Practice Note provides information on what fixed costs are, the types and value of cases that come within fixed costs and cases that are excluded. It provides information on the rules applicable to fixed costs cases and gives working examples on how to calculate fixed costs. It also provides guidance on practical issues and points for consideration. Note, this Practice Note acts as an initial guide on the general provisions on fixed costs under CPR 45. It does not cover fixed costs provisions that are specific to personal injury cases. For further reading, see Practice Notes: Fixed costs—position on or after 1 October 2023, Fixed costs—fast track (position on or after 1 October 2023) and Fixed costs—intermediate track (position on or after 1 October 2023). What are fixed costs? Fixed costs cap the amount of costs which the receiving party can recover from the paying party regardless of actual expenditure. The aim of fixed costs is to provide predictability and certainty as the costs which can be recovered are fixed at

This Practice Notes provides guidance on disbursements for civil cases, valued at no more than £100,000, that come within the extended fixed costs regime on or after 1 October 2023. It provides information on the disbursements which are recoverable for fast track cases and intermediate cases and the relevant provisions under CPR 45, Section IX. For general information on recovering disbursements (not just in fixed costs cases), see Practice Note: Disbursements—costs recovery. The extended fixed costs regime applies to most civil cases (unless excluded) that are issued on or after 1 October 2023 which have a claim value of no more than £100,000. Note, for personal injury cases the extended fixed costs regime applies where the cause of action accrued on or after 1 October 2023 and for disease cases it applies where the letter of claim had been sent to the defendant on or after 1 October 2023. Note, this Practice Note focuses on the recoverable disbursements for civil claims that come within CPR 45, Section VI (fixed

NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where: • the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident), or • in disease claims, no letter of claim has been sent before 1 October 2023 For a copy of CPR 45 in force prior to 1 October 2023, see: Can more than fixed costs be recovered? London weighting There is an increase of 12.5% on the fixed costs if the claimant lives or works and their instructed solicitor practises within one of the London areas set out CPR 45. Other circumstances For guidance on the other circumstances in which more than fixed costs may be recoverable, see Practice Note: Fixed costs in employer liability and public liability claims. Children Where the claimant is a child, there is an additional requirement for the court to approve any settlement agreed between the parties. There

This Practice Note sets out the provisions that apply to determine the level of fixed enforcement costs. It covers how to determine the fixed costs, additional costs that can be claimed and the costs of entering a judgment. Note, this Practice Note refers to the current provisions on enforcement costs. From 1 October 2023, the previous provisions and applicable Tables on enforcement costs were renumbered in CPR 45 or moved into CPR PD 45. However, the actual provisions and Tables themselves have remained unchanged in respect of content. For further information on the different methods of enforcement available, see Practice Note: Court fees in civil proceedings. For further guidance on what fees are payable when enforcing a judgment or order, see Practice Note: Court fees in civil proceedings—Enforcement—writs and warrants (fees 7 and 8). Note also the possibility of recovering the reasonable costs of unsuccessful enforcement proceedings, see Practice Note: Successful enforcement—knowing your defendant—Unsuccessful enforcement attempts—costs recovery. Table 7—Fixed enforcement costs Fixed enforcement costs are allowed in respect of legal representative's costs in specific circumstances