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.