Part VII of CPR 45 is headed:
“VII FIXED COSTS IN THE INTERMEDIATE TRACK”
CPR 45.50(1):
“For as long as the case is not allocated to the multi-track, the only costs allowed in any claim which would normally be or is allocated to the intermediate track are (a) the fixed costs in Table 14 …”
Table 14 is headed:
“TABLE 14: rule 45.50 – amount of fixed costs in the intermediate track”
The following figures are then given for Stage 1 in Table 14.
| Complexity Band | ||||
| Stage | 1 | 2 | 3 | 4 |
| S1
From pre-issue up to and including the date of service of the defence |
£1,600 + an amount equivalent to 3% of the damages | £5,000 + an amount equivalent to 6% of the damages | £6,400 + an amount equivalent to 6% of the damages | £9,300 + an amount equivalent to 8% of the damages |
You might therefore be forgiven for thinking that those figures (e.g. £9,300 + an amount equivalent to 8% of the damages for Complexity Band 4) are indeed fixed. If so, you would be wrong for many claims.
It is necessary to cross reference CPR 45.50(3):
“The costs to be awarded for stage S1 are subject to assessment up to a maximum of the figure shown for stage S1 in Table 14, except in a claim for personal injuries where the figure shown is fixed.”
The figures for Stage 1 in Table 14 are only fixed for personal injury claims. For non-personal injury claims, the figures are no more than caps.
I suspect there will be many cases where receiving parties wrongly claim, and paying parties wrongly agree, the full amount shown in Table 14.
Would it have been too difficult to put this caveat into Table 14:
| Complexity Band | ||||
| Stage | 1 | 2 | 3 | 4 |
| S1
From pre-issue up to and including the date of service of the defence (such costs to be subject to assessment up to these amounts, except in a claim for personal injuries where the figures shown are fixed) |
£1,600 + an amount equivalent to 3% of the damages | £5,000 + an amount equivalent to 6% of the damages | £6,400 + an amount equivalent to 6% of the damages | £9,300 + an amount equivalent to 8% of the damages |
