See also Practice Direction
43–48
Part
46
FAST TRACK TRIAL COSTS
|
|
Scope of this Part
|
|
46.1 |
|
| | (1)
|
This Part deals with the amount of costs which the
court may award as the costs of an advocate for preparing for and appearing at
the trial of a claim in the fast track (referred to in this rule as ‘fast
track trial costs’).
|
|
| | (2)
|
For the purposes of this Part –
|
| | (a)
|
‘advocate’ means a person exercising
a right of audience as a representative of, or on behalf of, a party;
|
|
| | (b)
|
‘fast track trial costs’ means the
costs of a party’s advocate for preparing for and appearing at the trial,
but does not include –
|
| | (i)
|
any other disbursements; or
|
|
| | (ii)
|
any value added tax payable on the fees of
a party’s advocate; and
|
|
|
| | (c)
|
‘trial’ includes a hearing where the
court decides an amount of money or the value of goods following a judgment
under Part 12 (default judgment) or Part 14 (admissions) but does not include
–
|
| | (i)
|
the hearing of an application for summary
judgment under Part 24; or
|
|
| | (ii)
|
the court’s approval of a settlement
or other compromise under rule 21.10.
|
|
|
(Part 21 deals with claims made by or on behalf of, or
against, children and protected
parties)
|
| Text substituted in Rule 46.1(2)(c)
w/e from 1 October 2007. |
|
|
Amount of fast track trial costs
|
|
46.2 |
|
| | (1)
|
The following table shows the amount of fast track
trial costs which the court may award (whether by summary or detailed
assessment).
| Value of the claim |
Amount of fast track trial costs which the court
may award |
|---|
| No more than £3,000 |
£485 |
| More than £3,000 but not more than
£10,000 |
£690 |
| More than £10,000 |
£1,035 |
|
|
| | (2)
|
The court may not award more or less than the amount
shown in the table except where –
|
| | (a)
|
it decides not to award any fast track trial
costs; or
|
but the court may apportion the amount awarded between
the parties to reflect their respective degrees of success on the issues at
trial.
|
|
| | (3)
|
Where the only claim is for the payment of money
–
|
| | (a)
|
for the purpose of quantifying fast track trial
costs awarded to a claimant, the value of the claim is the total amount of the
judgment excluding –
|
| | (i)
|
interest and costs; and
|
|
| | (ii)
|
any reduction made for contributory
negligence.
|
|
|
| | (b)
|
for the purpose of the quantifying fast track
trial costs awarded to a defendant, the value of the claim is –
|
| | (i)
|
the amount specified in the claim form (excluding interest and costs);
|
|
| | (ii)
|
if no amount is specified, the maximum
amount which the claimant reasonably expected to recover according to the
statement of value included in the claim form under rule 16.3; or
|
|
| | (iii)
|
more than £10,000, if the claim form states that the claimant cannot reasonably say how much he expects to
recover.
|
|
|
|
| | (4)
|
Where the claim is only for a remedy other than the
payment of money the value of the claim is deemed to be more than £3,000
but not more than £10,000, unless the court orders otherwise.
|
|
| | (5)
|
Where the claim includes both a claim for the payment
of money and for a remedy other than the payment of money, the value of the
claim is deemed to be the higher of –
|
| | (a)
|
the value of the money claim decided in
accordance with paragraph (3); or
|
|
| | (b)
|
the deemed value of the other remedy decided in
accordance with paragraph (4),
|
unless the court orders otherwise.
|
|
| | (6)
|
Where –
|
| | (a)
|
a defendant has made a counterclaim against the
claimant;
|
|
| | (b)
|
the counterclaim has a higher value than the
claim; and
|
|
| | (c)
|
the claimant succeeds at trial both on his claim
and the counterclaim,
|
for the purpose of quantifying fast track trial costs
awarded to the claimant, the value of the claim is the value of the
defendant’s counterclaim calculated in accordance with this rule.
(Rule 20.4 sets out how a defendant may make a
counterclaim)
|
|
| Text substituted in the table in Rule 46.2(1)
w/e from 1 October 2007. |
|
|
Power to award more or less than the
amount of fast track trial costs
|
|
46.3 |
|
| | (1)
|
This rule sets out when a court may award
–
|
| | (a)
|
an additional amount to the amount of fast track
trial costs shown in the table in rule 46.2(1); and
|
|
| | (b)
|
less than those amounts.
|
|
|
| | (2)
|
If –
|
| | (a)
|
in addition to the advocate, a party’s
legal representative attends the trial;
|
|
| | (b)
|
the court considers that it was necessary for a
legal representative to attend to assist the advocate; and
|
|
| | (c)
|
the court awards fast track trial costs to that
party,
|
the court may award an additional £345 in respect of the
legal representative’s attendance at the trial.
(Legal representative is defined in rule 2.3)
|
|
| | (2A)
|
The court may in addition award a sum representing an
additional liability.
(The requirements to provide information about a funding
arrangement where a party wishes to recover any additional liability under a
funding arrangement are set out in the costs practice directionpdp-43)
(‘Additional liability’ is defined in rule
43.2)
|
|
| | (3)
|
If the court considers that it is necessary to direct a
separate trial of an issue then the court may award an additional amount in
respect of the separate trial but that amount is limited in accordance with
paragraph (4) of this rule.
|
|
| | (4)
|
The additional amount the court may award under
paragraph 3 must not exceed two-thirds of the amount payable for that claim,
subject to a minimum award of £485.
|
|
| | (5)
|
Where the party to whom fast track trial costs are to
be awarded is a litigant in person, the court will award –
|
| | (a)
|
if the litigant in person can prove financial
loss, two-thirds of the amount that would otherwise be awarded; or
|
|
| | (b)
|
if the litigant in person fails to prove
financial loss, an amount in respect of the time spent reasonably doing the
work at the rate specified in the costs practice directionpdp-43.
|
|
|
| | (6)
|
Where a defendant has made a counterclaim against the
claimant, and –
|
| | (a)
|
the claimant has succeeded on his claim;
and
|
|
| | (b)
|
the defendant has succeeded on his
counterclaim,
|
the court will quantify the amount of the award of fast
track trial costs to which –
|
| | (i)
|
but for the counterclaim, the claimant
would be entitled for succeeding on his claim; and
|
|
| | (ii)
|
but for the claim, the defendant would be
entitled for succeeding on his counterclaim,
|
and make one award of the difference, if any, to
the party entitled to the higher award of costs.
|
|
|
| | (7)
|
Where the court considers that the party to whom fast
track trial costs are to be awarded has behaved unreasonably or improperly
during the trial, it may award that party an amount less than would otherwise
be payable for that claim, as it considers appropriate.
|
|
| | (8)
|
Where the court considers that the party who is to pay
the fast track trial costs has behaved improperly during the trial the court
may award such additional amount to the other party as it considers
appropriate.
|
|
Text substituted in Rule 46.3(2)
w/e from 1 October 2007,
Text substituted in Rule 46.3(4)
w/e from 1 October 2007. |
|
|
Fast track trial costs where there is more than one
claimant or defendant
|
|
46.4 |
|
| | (1)
|
Where the same advocate is acting for more than one
party –
|
| | (a)
|
the court may make only one award in respect of
fast track trial costs payable to that advocate; and
|
|
| | (b)
|
the parties for whom the advocate is acting are
jointly entitled to any fast track trial costs awarded by the court.
|
|
|
| | (2)
|
Where –
|
| | (a)
|
the same advocate is acting for more than one
claimant; and
|
|
| | (b)
|
each claimant has a separate claim against the
defendant,
|
the value of the claim, for the purpose of quantifying
the award in respect of fast track trial costs is to be ascertained in
accordance with paragraph (3).
|
|
| | (3)
|
The value of the claim in the circumstances mentioned
in paragraph (2) is –
|
| | (a)
|
where
the only claim of each claimant
is for the payment of money –
|
| | (i)
|
if the award of fast track trial costs is
in favour of the claimants, the total amount of the judgment made in favour of
all the claimants jointly represented; or
|
|
| | (ii)
|
if the award is in favour of the defendant,
the total amount claimed by the claimants,
|
and in either case, quantified in accordance with
rule 46.2(3);
|
|
| | (b)
|
where the only claim of each claimant is for a
remedy other than the payment of money, deemed to be more than £3,000 but
not more than £10,000; and
|
|
| | (c)
|
where claims of the claimants include both a
claim for the payment of money and for a remedy other than the payment of
money, deemed to be –
|
| | (i)
|
more than £3,000 but not more than
£10,000; or
|
|
| | (ii)
|
if greater, the value of the money claims
calculated in accordance with sub paragraph (a) above.
|
|
|
|
| | (4)
|
Where –
|
| | (a)
|
there is more than one defendant; and
|
|
| | (b)
|
any or all of the defendants are separately
represented,
|
the court may award fast track trial costs to each
party who is separately represented.
|
|
| | (5)
|
Where –
|
| | (a)
|
there is more than one claimant; and
|
the court may make only one award to the defendant of
fast track trial costs, for which the claimants are jointly and severally
liable (GL).
|
|
| | (6)
|
For the purpose of quantifying the fast track trial
costs awarded to the single defendant under paragraph (5), the value of the
claim is to be calculated in accordance with paragraph (3) of this rule.
|
|