This may be an opportune time to recap the existing regime in Part 45 of the Civil Procedure Rules which provides for fixed recoverable costs in:

  • Section I – proceedings in which early judgment is entered
  • Section II  – costs only proceedings or approval of settlement in RTA cases where agreed damages do not exceed £10,000, and to which neither Section III nor Section IIIA applies
  • Section III – claims pursued under the Pre-Action Protocols for Low Value PI Claims in RTA and Low Value PI (Employers’ Liability and Public Liability) Claims.  Essentially, personal injury claims valued at up to £25,000.
  • Section IIIA – claims which started under the above protocols but exited them (because liability was not admitted) provided the claim is not allocated to the multi-track
  • Section IV  – proceedings in the Intellectual Property Enterprise Court
  • Section V – County Court claims conducted by officers of HM Revenue and Customs
  • Section VI  – which fixes the costs for fast track trials
  • Section VII – Aarhus Convention claims.

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