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Although the percentage formula can be written in different forms, it is essentially an algebraic equation involving three values. Practice Direction 49C sets out the types of case where a court will give a fixed date for a hearing when it issues a claim.) i)the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or In a claim to which Section VII applies, the court may allow any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VII. Disbursements – Section VIII ii)the amount in Table 9 relevant to the value of the claim. SECTION IV The Pre-Action Protocols for Low Value Personal Injury Claims in Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims Scope and interpretation
iii)for any stage in Table 12, Table 14 or Table 15 during which a party is represented by a legal representative for the entire stage, the fixed recoverable costs shall apply as set out in sub-paragraph (b), provided that the total amount of costs to be allowed shall not exceed the costs which would have been allowed if the litigant in person had been represented by a legal representative for the entire claim; ii)where paragraph (i) would apply to two or more claimants, the applicable costs payable to whichever one of those claimants their legal representative chooses; save where the claim or counterclaim in respect of the residential property or dwelling arises from a boundary dispute. subject to the application of any rule in those Sections or this Section by which costs are to be allowed, disallowed, increased or reduced, the court may only award costs in an amount that is neither more nor less than the fixed costs allowed by the applicable Section and set out in the relevant table in Practice Direction 45. d)the figures in stages S2, S7 and S9 to S15 are separate sums for those steps, if carried out; and
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b)Stage 3 and any subsequent stages shall apply to the remaining defendants, provided that the claimant must give credit for the costs already payable under (a), so that the maximum entitlement under any stage is for the applicable stage costs. Preliminary issues trials a)a claim has been started under the RTA Small Claims Protocol, but no longer continues under that Protocol; and
The amount of fixed commencement costs in a claim to which rule 45.16(2)(c), (d) or (f) applies is set out in Table 4. b)if the claim is discontinued, a reference in Table 12 or Table 14 to the stage at which a case is settled shall be treated as a reference to the stage at which the case is discontinued.i)by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7; You may be able to claim Income Tax reliefs if you’re eligible for them. If you’re married or in a civil partnership c)‘debt’ means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and
b)where upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the defendant’s Part 36 offer, rule 36.24 apples instead of the relevant Section. SECTION II Commencement, Entry of Judgment and Enforcement Scope and application Where this rule applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows— Subject to rule 45.6(3), or unless a rule in this Section provides otherwise, the costs which are to be allowed are applicable to both claimants and defendants. Amount of fixed costs Where, in any claim to which Section VI or Section VII of this Part applies, the court reassigns a claim to a different complexity band, the costs which may be allowed are those applicable to the complexity band to which the claim is reassigned, as if the claim been assigned to that band at the outset. The amounts shown in Table 6 are to be allowed in addition, if applicable. When defendant only liable for fixed commencement costsii)the relevant amount shown in Table 3. Amount of fixed commencement costs in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales) Where a claim relates in part to a residential property or dwelling and that part of the claim is concluded or discontinued, paragraph (4) shall continue to apply to the remainder of the claim.
iii)in a claim which includes both a claim for monetary relief and a claim which has no monetary value, means the applicable amount in sub-paragraph (ii) taken together with the monetary value in sub-paragraph (i); and a)“value of the claim for damages” and “damages” shall be treated as references to the value of the claim, as defined in paragraph (3); and b)the amount of the fixed costs to which those claimants are entitled is the sum of the allowable costs and the further amounts calculated in accordance with paragraph (5) and, where applicable, paragraph (7); and
c)if the claim form states that the claimant cannot reasonably say how much is likely to be recovered— This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 49F (‘the Stage 3 Procedure’).
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