The Civil Procedure Rules 1998

Saving for enforcement by contempt proceedings

Scope and Interpretation

Admissions made under the RTA Protocol, the EL/PL Protocol or the RTA Small Claims Protocol

26.5A

• (1) This rule applies where—

• (a) the parties have followed the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents; and

• (b) proceedings have been started under Practice Direction 27B.

• (2) Subject to paragraph (3), where this rule applies, the claim shall be treated as allocated to the small claims track when it is issued and rules 26.3, 26.4 and 26.5 will not apply.

• (3) Where in any claim started or continued under Practice Direction 27B—

• (a) the appropriate court form states that—

• (i) the amount claimed is more than £10,000; or

• (ii) the claim for personal injury damages is more than £5,000; or

• (b) rule 26.6A applies,

a court officer must refer the claim to a judge for allocation to a track and to give directions.

Road traffic accident related personal injury claims

26.6A

The circumstances referred to in rule 26(1)(a)(ii)(bb) are—

• (a) the accident occurred before 31st May 2021;

• (b) unless rule 26.6B applies, on the date that proceedings are started, the claimant is—

• (i) a child; or

• (ii) a protected party;

• (c) when the accident occurred, the claimant was—

• (i) using a motor cycle;

• (ii) a pillion passenger on, or a passenger in a sidecar attached to, a motor cycle;

• (iii) using a wheelchair, a powered wheelchair or a mobility scooter;

• (iv) using a bicycle or other pedal cycle;

• (v) riding a horse; or

• (vi) a pedestrian;

• (d) unless rule 26.6B applies, on the date that proceedings are started—

• (i) the claimant is an undischarged bankrupt; or

• (ii) the claimant or defendant acts as a personal representative of a deceased person; or

• (e) unless rule 26.6B applies, on the date of the accident, the defendant’s vehicle was registered outside the United Kingdom.

Children and protected parties

26.6B

• (1) The fast track is the normal track where a claim—

• (a) is for personal injuries arising from a road traffic accident which occurs on or after 31st May 2021;

• (b) is made by—

• (i) a child or a protected party; or

• (ii) a person who, on the date the claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, was a child; and

• (c) consists of, or includes, a claim for a whiplash injury.

• (2) Where this rule applies, the claim must not be allocated to the small claims track.

• (3) ‘Whiplash injury’ has the meaning ascribed to it by paragraph 1.2(38) of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.

General rule for allocation

Matters relevant to allocation to a track

Notice of allocation

Re-allocation

Trial with a jury

IIIB PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS BELOW THE SMALL CLAIMS LIMIT IN ROAD TRAFFIC ACCIDENTS

Failure to comply with, or continue under, the RTA Small Claims Protocol

45.29M

• (1) This rule applies where the claimant—

• (a) does not comply with the process set out in the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (“the RTA Small Claims Protocol”); or

• (b) either—

• (i) elects not to continue with that process;

• (ii) elects not to proceed with that process having been notified by the defendant pursuant to paragraph 6.15(4)(b) of the RTA Protocol that if proceedings were issued, the small claims track would be the normal track for that claim,

and starts proceedings under Part 7 which are not allocated to the small claims track.

• (2) Where a judgment is given in favour of the claimant, but—

• (a) the court considers that the claimant acted unreasonably—

• (i) by valuing the overall claim at more than £10,000 or the claim for damages for injury at more than £5,000, so that the claimant did not need to comply with the RTA Small Claims Protocol;

• (ii) by electing not to proceed under the RTA Small Claims Protocol, following notification pursuant to paragraph 6.15(4)(b) of the RTA Protocol; or

• (iii) in any other way that caused the process in the RTA Small Claims Protocol to be discontinued; or

• (b) the claimant did not comply with the RTA Small Claims Protocol at all despite the claim falling within the scope of the Protocol,

the court may order the defendant to pay no more than the fixed costs together with disbursements allowed in accordance with paragraphs 1.13 and 1.14 of Practice Direction 27B.

Claims which do not continue under the RTA Small Claims Protocol

45.29N

• (1) This rule applies where—

• (a) a claim has been started under the RTA Small Claims Protocol, but no longer continues under that Protocol; and

• (b) the claim has not subsequently proceeded under the RTA Protocol.

• (2) Where this rule applies, Section IIIA will apply as though the claim had started under the RTA Protocol, except where—

• (a) the court makes an order under rule 45.29M;

• (b) the claim no longer continues under the RTA Small Claims Protocol because either the claimant or defendant becomes a protected party as defined in rule 21.1(2).

Amendment or withdrawal of an acknowledgment of service

10.6

• (1) An acknowledgment of service may be amended or withdrawn only with the permission of the court.

• (2) An application for permission under paragraph (1) must be made in accordance with Part 23 and supported by evidence .

12.12

• (1) Where the claimant makes an application for a default judgment, the court shall give such judgment as the claimant is entitled to on the statement of case.

• (2) Any evidence relied on by the claimant in support of their application need not be served on a party who has failed to file an acknowledgment of service.

• (3) An application for a default judgment on a claim against a child or protected party or a claim in tort between spouses or civil partners must be supported by evidence.

• (4) On an application against a child or protected party, a litigation friend must be appointed by the court to act on behalf of the child or protected party before judgment can be obtained.

• (5) An application for a default judgment may be made without notice if—

• (a) the claim under the Civil Jurisdiction and Judgments Act 1982 or the 2005 Hague Convention or made in respect of a contract which provides that the court shall have jurisdiction to determine each claim made against the defendant to be served was served in accordance with rules 6.32(1) or 6.33(2B) as appropriate;

• (b) the defendant has failed to file an acknowledgment of service; and

• (c) notice does not need to be given under any other provision of these Rules.

• (6) Both on a request and on an application for default judgment the court must be satisfied that—

• (a) the particulars of claim have been served on the defendant (a certificate of service on the court file will be sufficient evidence);

• (b) either the defendant has not filed an acknowledgment of service or has not filed a defence and that in either case the relevant period for doing so has expired;

• (c) the defendant has not satisfied the claim; and

• (d) the defendant has not admitted liability to pay all the money claimed and requested time to pay.

• (7) On an application where the defendant was served with the claim either—

• (a) outside the jurisdiction without leave under the Civil Jurisdiction and Judgments Act 1982, the 2005 Hague Convention, the Lugano Convention or the Judgments Regulation; or

• (b) within the jurisdiction but when domiciled in Scotland or Northern Ireland or in any other Convention territory or Member State,

and the defendant has not acknowledged service, the evidence must establish that—

• (i) the claim is one that the court has power to hear and decide;

• (ii) no other court has exclusive jurisdiction under the Act, the 2005 Hague Convention, the Lugano Convention or Judgments Regulation to hear and decide the claim; and

• (iii) the claim has been properly served in accordance with Article 20 of Schedule 1 to the Civil Jurisdiction and Judgments Act, Article 9(c) of the 2005 Hague Convention, Article 26 of the Lugano Convention, paragraph 15 of Schedule 4 to the Act, or Article 26 of the Judgments Regulation.

• (8) Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service—

• (a) the application may be made without notice, but the court hearing the application may direct that a copy of the application notice is served on the State;

• (b) if the court—

• (i) grants the application; or

• (ii) directs that a copy of the application notice be served on the State,

the judgment or application notice (and the supporting evidence) may be served out of the jurisdiction without any further order;

• (c) where paragraph (8)(b) permits a judgment or an application notice to be served out of the jurisdiction, the procedure for serving the judgment or the application notice is the same as for serving a claim form under Section III of Part 6 except where an alternative method of service has been agreed under section 12(6) of the State Immunity Act 1978.

(Rule 23.1 defines ‘application notice’.)

• (9) On an application against a State, the evidence must be way of affidavit and must—

• (a) set out the grounds of the application;

• (b) establish the facts proving that the State is excepted from the immunity conferred by section 1 of the State Immunity Act 1978;

• (c) establish that the claim was sent through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State or, where the State has agreed to another form of service, that the claim was served in the manner agreed; and

• (d) establish that the time for acknowledging service (which is extended to two months by section 12(2) of the Act when the claim is sent through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State) has expired.

(See rule 40.10 for when default judgment against a State takes effect.)

• (10) For the purposes of this rule and rule 12.11—

• (a) ‘domicile’ is to be determined—

• (i) in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;

• (ii) in relation to a Member State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;

• (b) ‘Convention territory’ means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which the Brussels Conventions or Lugano Convention apply;

• (c) ‘State’ has the meaning given by section 14 of the State Immunity Act 1978;

• (d) ‘Diplomatic agent’ has the meaning given by Article 1(e) of Schedule 1 to the Diplomatic Privileges Act 1964;

• (e) ‘the Judgments Regulation’ means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

• (f) ‘the Lugano Convention’ means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007; (g) ‘the 2005 Hague Convention’ means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.

• (11) Where default judgment is given on a claim for a sum of money expressed in a foreign currency, the judgment should be for the amount of the foreign currency with the addition of ‘or the Sterling equivalent at the time of payment’.

• (12) On an application for judgment for delivery up of goods where the defendant will not be given the alternative of paying their value, the evidence must identify the goods and state where the claimant believes the goods to be situated and why their specific delivery up is sought.

Power to perform an act of the court

...

Orders restraining civil proceedings

Types of claim in which the Part 8 procedure is used

Part not to apply where claimant uses Part 8 procedure

Reply to defence and defence to counterclaim

VII — SCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT

Scope and interpretation

46.20

• (1) Subject to paragraph (2), this Section applies to proceedings in the Intellectual Property Enterprise Court.

• (2) This Section does not apply where—

• (a) the court considers that a party has behaved in a manner which amounts to an abuse of the court’s process; or

• (b) the claim concerns the infringement or revocation of a patent or registered design or registered trade mark the validity of which has been certified by a court or by the Comptroller-General of Patents, Designs and Trade Marks in earlier proceedings.

• (3) The court will make a summary assessment of the costs of the party in whose favour any order for costs is made. Rules 44.2(8), 44.7(b) and Part 47 do not apply to this Section.

• (4) ‘Scale costs’ means the costs set out in Table A and Table B of the Practice Direction supplementing this Part.

Amount of scale costs

46.21

• (1) Subject to rule 46.22, the court will not order a party to pay total costs of more than—

• (a) £60,000 on the final determination of a claim in relation to liability; and

• (b) £30,000 on an inquiry as to damages or account of profits.

• (2) The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).

• (3) The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 46.

• (4) The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.

• (5) Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 46 – Costs - Special Cases—

• (a) court fees;

• (b) costs relating to the enforcement of any court order; and

• (c) wasted costs.

• (6) Where appropriate, VAT may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.

Summary assessment of the costs of an application where a party has behaved unreasonably

46.22

Costs awarded to a party under rule 63.26(2) are in addition to the total costs that may be awarded to that party under rule 46.21.

SECTION VIII — ENVIRONMENTAL REVIEW COSTS

Environmental review costs

46.23

• (1) In this Section, “party” includes an intervener or interested party.

• (2) Subject to paragraph (3), no party to a claim for environmental review (for which see Section III of Part 54) is entitled to an order for costs against any other party.

• (3) The court may make an order for costs against a party if satisfied that the conduct of a party or that party’s legal representative, before or during the proceedings, was unreasonable or improper.

• (4) Where—

• (a) the court makes an order under paragraph (2) against a legally represented party; and

• (b) the party is not present when the order is made,

the party’s legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.

Practice directions for specific proceedings

49.1

The practice directions made under this Rule apply to proceedings of the types described in them and may modify or disapply any provision of these Rules in connection with those proceedings.

Who may exercise the powers of the High Court

When this Section must be used

Time limit for filing claim form

Claim form

Service of claim form

Acknowledgment of service

Detailed grounds and evidence

Failure to file acknowledgment of service

Where claimant seeks to rely on additional grounds

Other procedural rules

IV RENTING HOMES WALES - GENERAL RULES

Interpretation

55.30

In this Section of this Part—

• (a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

• (b) “a contract-holder” is the person who makes an occupation contract with a landlord and is a contract-holder under sections 7 and 48 of the 2016 Act;

• (c) “Convention rights” has the meaning provided by the Human Rights Act 1998;

• (d) “a dwelling” means a dwelling let under an occupation contract;

• (e) “an extended possession order” means an order for possession against a sub-holder under section 65 of the 2016 Act;

• (f) “an occupation contract” is a tenancy or licence that is an occupation contract under section 7 of the 2016 Act;

• (g) “a prohibited conduct standard contract order claim” means a claim under section 116 of the 2016 Act;

• (h) “a Renting Homes possession claim” means a claim for the recovery of possession of a dwelling under the 2016 Act;

• (i) “a sub-holder” has the meaning provided by section 59[^f00012] of the 2016 Act;

• (j) “a standard contract” has the meaning provided by section 8 of the 2016 Act.

Scope

55.31

• (1) The procedure set out in this Section of this Part must be used where the claim is a Renting Homes possession claim.

(Where a prohibited conduct standard contract order claim is made in the same claim form in which a Renting Homes possession claim is made, this Section of this Part applies. Where the claim is a prohibited conduct standard contract order claim only, Section III of Part 65 applies.)

• (2) This Section of this Part—

• (a) is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim;

• (b) does not apply where the claimant uses the procedure set out in Section V of this Part;

• (c) applies irrespective of whether an application for an extended possession order may be made in the course of the Renting Homes possession claim.

Starting the claim

55.32

• (1) In the County Court—

• (a) the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

• (b) the claim is to be issued by the hearing centre where the claim is made; and

• (c) if that hearing centre does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

(Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the dwelling is situated.)

• (2) The claim may be started in the High Court if the claimant files with their claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth ....

• (3) The claim form and form of defence sent with it must be in the forms specified in Practice Direction 55A.

Particulars of claim

55.33

The particulars of claim must be filed and served with the claim form.

(Part 16 and Practice Direction 55A provide details about the contents of the particulars of claim.)

Hearing date

55.34

• (1) Subject to paragraph (2), the court is to fix a date for the hearing when it issues the claim form.

• (2) If the claim has been sent on to the hearing centre which serves the address where the dwelling is situated, that hearing centre is to fix a date for hearing when it receives the claim.

• (3) In all Renting Homes possession claims—

• (a) the hearing date is to be not less than 28 days from the date of issue of the claim form;

• (b) the standard period between the issue of the claim form and the hearing is to be not more than 8 weeks; and

• (c) the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.

Defendant’s response and adding of sub-holder as a party

55.35

• (1) An acknowledgment of service is not required and Part 10 does not apply.

• (2) Where, in any Renting Homes possession claim, the defendant does not file a defence within the time specified in rule 15.4, the defendant may take part in any hearing but the court may take their failure to do so into account when deciding what order to make about costs.

• (3) Part 12 (default judgment) does not apply in a claim to which this Section applies.

• (4) Where a sub-holder applies to the court to be added as a party to proceedings, the court must add them as a defendant if they are entitled to be a party under section 65(4) of the 2016 Act.

The hearing

55.36

• (1) At the hearing fixed in accordance with rule 55.34 or at any adjournment of that hearing, the court may—

• (a) decide the claim; or

• (b) give case management directions.

• (2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

• (3) Except where—

• (a) the claim is allocated to the fast track , the intermediate track or the multi-track; or

• (b) the court orders otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

• (4) All witness statements must be filed and served at least 2 days before the hearing.

• (5) Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

Allocation

55.37

• (1) When the court decides the track for a Renting Homes possession claim, the matters it must consider include—

• (a) the matters set out in rule 26.13 as modified by the relevant practice direction;

• (b) the amount of any arrears of rent;

• (c) the importance to the defendant of retaining possession of the dwelling;

• (d) the importance of vacant possession to the claimant; and

• (e) if applicable, the alleged conduct of the defendant.

• (2) The court may only allocate Renting Homes possession claims to the small claims track if all the parties agree.

• (3) Where a Renting Homes possession claim has been allocated to the small claims track the claim must be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs are to be in the discretion of the court and must not exceed the amount that would be recoverable under Part 45 if the value of the claim were up to £3,000.

• (4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

Electronic issue of certain Renting Homes possession claims

55.38

• (1) A practice direction may make provision for a claimant to start certain types of Renting Homes possession claim in certain courts by requesting the issue of a claim form electronically.

• (2) The practice direction may, in particular—

• (a) provide that only particular provisions apply in specific courts;

• (b) specify—

• (i) the type of claim which may be issued electronically;

• (ii) the conditions that a claim must meet before it may be issued electronically;

• (c) specify the court where the claim may be issued;

• (d) enable the parties to make certain applications or take further steps in relation to the claim electronically;

• (e) specify the requirements that must be fulfilled in relation to such applications or steps;

• (f) enable the parties to correspond electronically with the court about the claim;

• (g) specify the requirements that must be fulfilled in relation to electronic correspondence;

• (h) provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.

• (3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.

V RENTING HOMES WALES – ACCELERATED POSSESSION CLAIMS OF DWELLINGS LET ON A STANDARD CONTRACT

Interpretation

55.39

The definitions set out in rule 55.30 apply to this Section also.

When this Section may be used

55.40

• (1) The claimant may bring a Renting Homes possession claim under this Section of this Part where—

• (a) the claim is brought under—

• (i) section 170[^f00015] of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (following contract-holder’s notice);

• (ii) section 178 of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (landlord’s notice);

• (iii) section 186 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (landlord’s notice at end of fixed term);

• (iv) section 191 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (following contract-holder’s break clause); or

• (v) section 199 of the 2016 Act to recover possession of a dwelling let on a fixed term standard contract (landlord’s break clause); and

• (b) all the conditions listed in rule 55.41 are satisfied.

• (2) The claimant may make the claim at any County Court hearing centre, unless an enactment provides otherwise.

• (3) The claim is to be issued by the hearing centre where the claim is made.

• (4) If the hearing centre where the claim is made does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

Conditions

55.41

The conditions referred to in rule 55.40(1)(b) are that—

• (a) the only purpose of the claim is to recover possession of the dwelling and no other claim is made;

• (b) the claim relates to an occupation contract which is a standard contract; and

• (c) a prescribed notice in accordance with any of the following sections of the 2016 Act was given to the contract-holder—

• (i) section 171 (if the claim is brought under section 170 of that Act);

• (ii) section 173 (if the claim is brought under section 178 of that Act);

• (iii) section 186 (if the claim is brought under that section);

• (iv) section 192 (if the claim is brought under section 191 of that Act); or

• (v) section 194 (if the claim is brought under section 199 of that Act).

Claim form

55.42

• (1) The claim form must—

• (a) be in the form specified in Practice Direction 55A; and

• (b) contain all information and be accompanied by all documents as are required by that form.

• (2) The court is to serve the claim form by first class post (or an alternative service which provides for delivery on the next working day).

Defence

55.43

• (1) A defendant who wishes to—

• (a) oppose the claim; or

• (b) seek a postponement of possession in accordance with rule 55.47,

must file a defence within 14 days after service of the claim form.

• (2) The defence must be in the form specified in Practice Direction 55A.

Claim referred to judge

55.44

• (1) On receipt of the defence the court must—

• (a) send a copy to the claimant; and

• (b) refer the claim and defence to a judge.

• (2) Where the period set out in rule 55.43 has expired without the defendant filing a defence—

• (a) the claimant may file a written request for an order for possession; and

• (b) the court must refer that request to a judge.

• (3) Where the defence is received after the period set out in rule 55.43 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) still applies.

• (4) Where—

• (a) the period set out in rule 55.43 has expired without the defendant filing a defence; and

• (b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.43,

the claim must be stayed.

Consideration of the claim

55.45

• (1) After considering the claim and any defence, the judge may—

• (a) make an order for possession under rule 55.46 without requiring the attendance of the parties;

• (b) strike out the claim if the claim form discloses no reasonable grounds for bringing the claim; or

• (c) where paragraphs (2) or (3) apply—

• (i) direct that a date be fixed for a hearing; and

• (ii) give any appropriate case management directions.

• (2) This paragraph applies where the judge is not satisfied either that the claim form was served or that the claimant has established that they are entitled to recover possession from the defendant.

• (3) This paragraph applies where—

• (a) an application under section 36 (incomplete written statement) or section 37 (incorrect statement: contract-holder’s application to the court) of the 2016 Act has been made (and not disposed of) in connection with the occupation contract of the dwelling in respect of which the possession claim has been brought;

• (b) the claim is a claim under section 178 or section 199 of the 2016 Act, where the issue of retaliatory possession has been raised under section 217 of the 2016 Act;

• (c) the claim is a claim under section 170, section 178, section 186, section 191 or section 199 of the 2016 Act, where a defence based on the defendant’s Convention rights is raised.

• (5) The court is to give all parties not less than 14 days’ notice of a hearing fixed under paragraph (1)(c)(i).

• (6) Where a claim is struck out under paragraph (1)(b)—

• (a) the court is to serve its reasons for striking out the claim with the order; and

• (b) the claimant may apply to restore the claim within 28 days after the date the order was served on them.

Possession order

55.46

Except where rules 55.45(1)(b) or (c) apply, the judge must make an order for possession without requiring the attendance of the parties.

Postponement of possession

55.47

• (1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 219 of the 2016 Act, the judge may direct a hearing of that issue.

• (2) Where the judge directs a hearing under paragraph (1)—

• (a) the hearing must be held before the date on which possession is to be given up; and

• (b) the judge must direct how many days’ notice the parties must be given of that hearing.

• (3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, the judge may vary the date on which possession must be given up.

Application to set aside or vary

55.48

The court may—

• (a) on application by a party within 14 days of service of the order; or

• (b) of its own initiative,

set aside or vary any order made under rule 55.46.

III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016

Scope and interpretation

56.5

• (1) In this Section of this Part —

• (a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

• (b) “Renting Homes (Wales) claim” means a claim or application under the 2016 Act other than a claim —

• (i) for possession;

• (ii) for a prohibited conduct standard contract order under section 116 of the 2016 Act;

• (iii) to which the Pre-Action Protocol for Housing Disrepair Cases applies; or

• (iv) brought in the same proceedings as a claim referred to in paragraphs (i) to (iii);

and includes an appeal under section 78 of the 2016 Act;

• (c) “the claimant” means the person making the Renting Homes (Wales) claim, irrespective of whether it is a claim or application under the 2016 Act.

Making the Renting Homes (Wales) claim

56.6

In the County Court, the Renting Homes (Wales) claim—

• (a) may be made at any County Court hearing centre;

• (b) is to be issued by the hearing centre where the claim is made; and

• (c) if not made at the County Court hearing centre which serves the address where the land is situated, is to be sent to the hearing centre serving that address.

Further provision for Renting Homes (Wales) claims

56.7

A practice direction may set out provisions with regard to Renting Homes (Wales) claims.

Demotion claims , prohibited conduct standard contract order claims or suspension claims made in the alternative to possession claims

Other demotion claims, prohibited conduct standard contract order claims or suspension claims

Starting a demotion claim, prohibited conduct standard contract order claim or suspension claim

Counterclaims and other additional claims

TITLE	NUMBER
Parties – general	Rule 19.1
I ADDITION AND SUBSTITUTION OF PARTIES
Change of parties – general	Rule 19.2
Provisions applicable where two or more persons are jointly entitled to a remedy	Rule 19.3
Procedure for adding and substituting parties	Rule 19.4
Human Rights	Rule 19.5
Special provisions about adding or substituting parties after the end of a relevant limitation period	Rule 19.6
Special rules about parties in claims for wrongful interference with goods	Rule 19.7
IIREPRESENTATIVE PARTIES
Representative parties with same interest	Rule 19.8
Representation of interested persons who cannot be ascertained etc.	Rule 19.9
Representation of beneficiaries by trustees etc.	Rule 19.10
Postal Services Act 2000 (c.26)	Rule 19.11
Death	Rule 19.12
Power to make judgements binding on non-parties	Rule 19.13
Derivative claims – how started	Rule 19.14
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission	Rule 19.15
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members	Rule 19.16
Derivative claims – other bodies corporate and trade unions	Rule 19.17
Derivative claims arising in the course of other proceedings	Rule 19.18
Derivative claims – costs	Rule 19.19
Derivative claims – discontinuance and settlement	Rule 19.20
IIIGROUP LITIGATION
Definition	Rule 19.21
Group Litigation Order	Rule 19.22
Effect of the GLO	Rule 19.23
Case management	Rule 19.24
Removal from the register	Rule 19.25
Test claims	Rule 19.26

Human Rights

Special provisions about adding or substituting parties after the end of a relevant limitation period

Special rules about parties in claims for wrongful interference with goods

Representation of beneficiaries by trustees etc.

Postal Services Act 2000 (c. 26)

Representative parties with same interest

Representation of interested persons who cannot be ascertained etc.

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members

Derivative claims – other bodies corporate and trade unions

Derivative claims arising in the course of other proceedings

Derivative claims – costs

Derivative claims – discontinuance and settlement

Representation of beneficiaries by trustees etc.

Postal Services Act 2000

Death

Power to make judgments binding on non-parties

Derivative claims– how started

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members

19.16

• (1) This rule applies to proceedings under section 262(1) or 264(1) of the Companies Act 2006.

• (2) The application for permission must be made by an application notice in accordance with Part 23.

• (3) Rule 19.15 (except for paragraphs (1), (2) and (4)(b) of that rule, and paragraph (12)(b) so far as it applies to the claim form) applies to an application under this rule and references to the claimant in rule 19.15 are to be read as references to the person who seeks to take over the claim.

Derivative claims – other bodies corporate and trade unions

19.17

• (1) This rule sets out the procedure where—

• (a) either—

• (i) a body corporate to which Chapter 1 of Part 11 of the Companies Act 2006 does not apply; or

• (ii) a trade union,

is alleged to be entitled to a remedy; and

• (b) either—

• (i) a claim is made by a member for it to be given that remedy; or

• (ii) a member of the body corporate or trade union seeks to take over a claim already started, by the body corporate or trade union or one or more of its members, for it to be given that remedy.

• (2) The member who starts, or seeks to take over, the claim must apply to the court for permission to continue the claim.

• (3) The application for permission must be made by an application notice in accordance with Part 23.

• (4) The procedure for applications in relation to companies under section 261, 262 or 264 (as the case requires) of the Companies Act 2006 applies to the permission application as if the body corporate or trade union were a company.

• (5) Rules 19.15 (except for paragraph (1) of that rule) and 19.16 apply to the permission application as if the body corporate or trade union were a company.

Derivative claims arising in the course of other proceedings

19.18

If a derivative claim (except such a claim in pursuance of an order under section 996 of the Companies Act 2006) arises in the course of other proceedings—

• (a) in the case of a derivative claim under Chapter 1 of Part 11 of that Act, rule 19.15 or 19.16 applies, as the case requires; and

• (b) in any other case, rule 19.17 applies.

Derivative claims – costs

19.19

• (1) The court may order the company, body corporate or trade union for the benefit of which a derivative claim is brought to indemnify the claimant against liability for costs incurred in the permission application or in the derivative claim or both.

• (2) If the claimant seeks an order that the defendant company or other body concerned indemnify the claimant against liability for costs incurred in the permission application or the claim, this should be stated in the permission application or claim form or both.

Derivative claims – discontinuance and settlement

19.20

Where the court has given permission to continue a derivative claim, the court may order that the claim may not be discontinued, settled or compromised without the permission of the court.

19.21

A Group Litigation Order (“GLO”) means an order made under rule 19.22 to provide for the case management of claims which give rise to common or related issues of fact or law (the “GLO issues”).

19.22

• (1) The court may make a GLO where there are or are likely to be a number of claims giving rise to the GLO issues. The multiple parties may be claimants or defendants.

(Practice Direction 19B provides the procedure for applying for a GLO where the multiple parties are claimants )

• (2) A GLO must—

• (a) contain directions about the establishment of a register (the “group register”) on which the claims managed under the GLO will be entered;

• (b) specify the GLO issues which will identify the claims to be managed as a group under the GLO; ...

• (c) specify the court (the “management court”) which will manage the claims on the group register; and

• (d) be made in the King’s Bench Division with the consent of the President of the King’s Bench Division; in the Chancery Division with the consent of the Chancellor of the High Court; or in the County Court with the consent of the Head of Civil Justice. Such consent will be sought by the court to which the application for the GLO is made.

• (3) A GLO may—

• (a) in relation to claims which raise one or more of the GLO issues—

• (i) direct their transfer to the management court;

• (ii) order their stay (gl) until further order; and

• (iii) direct their entry on the group register;

• (b) direct that from a specified date claims which raise one or more of the GLO issues should be started in the management court and entered on the group register; and

• (c) give directions for publicising the GLO.

19.23

• (1) Where a judgment or order is given or made in a claim on the group register in relation to one or more GLO issues—

• (a) that judgment or order is binding on the parties to all other claims that are on the group register at the time the judgment is given or the order is made unless the court orders otherwise; and

• (b) the court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register.

• (2) Unless paragraph (3) applies, any party who is adversely affected by a judgment or order which is binding on them may seek permission to appeal the order.

• (3) A party to a claim which was entered on the group register after a judgment or order which is binding on them was given or made may not—

• (a) apply for the judgment or order to be set aside(gl), varied or stayed(gl); or

• (b) appeal the judgment or order,

but may apply to the court for an order that the judgment or order is not binding on him.

• (4) Unless the court orders otherwise, disclosure of any document relating to the GLO issues by a party to a claim on the group register is disclosure of that document to all parties to claims—

• (a) on the group register; and

• (b) which are subsequently entered on the group register.

19.24

Directions given by the management court may include directions—

• (a) varying the GLO issues;

• (b) providing for one or more claims on the group register to proceed as test claims;

• (c) appointing the solicitor of one or more parties to be the lead solicitor for the claimants or defendants;

• (d) specifying the details to be included in a statement of case in order to show that the criteria for entry of the claim on the group register have been met;

• (e) specifying a date after which no claim may be added to the group register unless the court gives permission; and

• (f) for the entry of any particular claim which meets one or more of the GLO issues on the group register.

...

19.25

• (1) A party to a claim entered on the group register may apply to the management court for the claim to be removed from the register.

• (2) If the management court orders the claim to be removed from the register it may give directions about the future management of the claim.

19.26

• (1) Where a direction has been given for a claim on the group register to proceed as a test claim and that claim is settled, the management court may order that another claim on the group register be substituted as the test claim.

• (2) Where an order is made under paragraph (1), any order made in the test claim before the date of substitution is binding in the substituted claim unless the court orders otherwise.

Costs and expenses incurred by a litigation friend

IA APPORTIONMENT IN FATALITY CASES

Apportionment in fatality cases

Counterclaims, other additional claims, and set-off

Interim charging order – Civil National Business Centre

Admissions made before commencement of proceedings

Admissions made after commencement of proceedings

Application for judgment on admission

Application for permission to withdraw admission

Time to pay

Request for judgment for an amount of money to be decided by the court – claims in the Civil National Business Centre

Definitions

Service of order and application where application made without notice

Applications that are totally without merit

Types of proceedings in which summary judgment is available

Grounds for summary judgment

Timing of applications and hearing

Application notice and evidence

Disposal of applications

Allocation and assignment

Proceedings under Practice Direction 27B

Scope of each track

Road traffic accident related personal injury claims

Children and protected parties

Allocation - general

26.12

• (1) In considering whether to allocate a claim to the normal track for that claim under rules 26.9, 26.10 or 26.11, the court shall have regard to the matters mentioned in rule 26.13(1).

• (2) The court must not allocate a claim to the small claims track, if it includes a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment or unlawful eviction.

• (3) In claims under the Renting Homes (Wales) Act 2016, the court must not allocate a claim to the small claims track if it includes a claim by a contract-holder of a dwelling against their landlord for a remedy in respect of harassment or unlawful eviction.

Matters relevant to allocation to a track

26.13

• (1) When deciding the track for a claim, the matters to which the court shall have regard include—

• (a) the financial value, if any, of the claim;

• (b) the nature of the remedy sought;

• (c) the likely complexity of the facts, law or evidence;

• (d) the number of parties or likely parties;

• (e) the value of any counterclaim or additional claim and the complexity of any matters relating to it;

• (f) the amount of oral evidence which may be required;

• (g) the importance of the claim to persons who are not parties to the proceedings;

• (h) the views expressed by the parties; and

• (i) the circumstances of the parties.

• (2) It is for the court to assess the financial value of a claim and in doing so it shall disregard—

• (a) any amount not in dispute;

• (b) any claim for interest;

• (c) costs;

• (d) any contributory negligence; and

• (e) where the claim is, or includes a claim for non-monetary relief, any amount prescribed by rule 45.45(1)(a)(ii) and rule 45.50(2)(b)(ii).

• (3) Where—

• (a) two or more claimants have started a claim against the same defendant using the same claim form; and

• (b) each claimant has a claim against the defendant separate from the other claimants,

the court shall consider the claim of each claimant separately when it assesses financial value under paragraph (1).

Assignment within the fast track and the intermediate track

26.14

• (1) When a claim is allocated to the fast track or the intermediate track, the court must also assign the claim to a complexity band, unless it is one to which Section VIII of Part 45 applies.

• (2) In both Table 1 and Table 2, below, the complexity bands numbered 1 to 4 provide an ascending scale of allowable costs commensurate with the complexity of the claim.

• (3) The complexity band to which a claim is assigned shall determine the costs that are to be allowed under Table 12 or Table 14 in Practice Direction 45.

• (4) Subject to paragraph (5), the parties may agree the complexity band to which a claim is assigned.

• (5) The court may direct that a claim be assigned to a different complexity band than that agreed by the parties, but shall have regard to the factors set out in rule 26.13(1).

• (6) A party must state on their directions questionnaire—

• (a) the agreed complexity band; or

• (b) where the parties disagree, the complexity band considered appropriate by that party,

together with any relevant information in support.

Assignment within the fast track

26.15

Unless the claim is one for noise induced hearing loss (in respect of which Sections I and IV of Part 28 and Section VIII of Part 45 make provision), the complexity band to which a claim will normally be assigned in the fast track is set out in Table 1.

Complexity band 1	Complexity band 2	Complexity band 3	Complexity band 4
(a) road traffic accident related, non-personal injury claims; and(b) defended debt claims	(a) road traffic accident related, personal injury claims which are or should have been started under the RTA Protocol; and(b) personal injury claims to which the Pre-action Protocol for Resolution of Package Travel Claims apply	(a) road traffic accident related, personal injury claims to which the RTA Protocol does not apply;(b) employer’s liability (accident) and public liability personal injury claims;(c) possession claims;(d) housing disrepair claims; and(e) other claims for a sum of money, whether the sum is specified or unspecified, except claims that fall under complexity band 1(b)	(a) employer’s liability disease claims (other than a claim for noise induced hearing loss);(b) complex possession and housing disrepair claims;(c) property and building disputes;(d) professional negligence claims; and(e) any claim which would normally be allocated to the fast track, but is nonetheless complex

Assignment within the intermediate track

26.16

The complexity band to which a claim will normally be assigned in the intermediate track is set out in Table 2.

Complexity band 1	Complexity band 2	Complexity band 3	Complexity band 4
Any claim where—(a) only one issue is in dispute; and(b) the trial is not expected to last longer than one day, including—(i) personal injury claims where liability or quantum is in dispute;(ii) road traffic accident related, non-personal injury claims; and(iii) defended debt claims	Any less complex claim where more than one issue is in dispute, including personal injury accident claims where liability and quantum are in dispute	Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2, including noise induced hearing loss and other employer’s liability disease claims	Any claim which would normally be allocated to the intermediate track, but which is unsuitable for assignment to complexity bands 1 to 3, including any personal injury claim where there are serious issues of fact or law

Notice of allocation and assignment

26.17

When it has allocated a claim to a track, the court shall serve notice of allocation and, where applicable, assignment on every party.

Reallocation and reassignment

26.18

• (1) Subject to paragraphs (2) and (3), the court may on application or on its own initiative subsequently—

• (a) reallocate a claim to a different track; or

• (b) reassign a claim to a different complexity band.

• (2) Where—

• (a) a claim is allocated to the intermediate track; and

• (b) directions in respect of that claim have been given,

the court may only reallocate the claim where it decides that there are exceptional reasons to justify doing so.

• (3) The court may only reassign a claim to a different complexity band, where—

• (a) there has been a change in circumstances since a direction was made assigning the claim to a particular complexity band; and

• (b) the court decides the change in circumstances justifies reassignment.

Trial with a jury

26.19

• (1) An application for a claim, other than a claim for libel and slander, to be tried with a jury must be made within 28 days of service of the defence.

• (2) A claim for libel or slander must be tried by Judge alone, unless at the first case management conference a party applies for trial with a jury and the court makes an order to that effect.

SECTIONI — General Provisions Applying to Both Fast Track and Intermediate Track

Scope of this Part

General provisions

Variation of case management timetable

Pre-trial check list (listing questionnaire)

Fixing or confirming the trial date and giving directions

Conduct of trial

SECTION II — Provisions Applying Only to Cases Allocated to the Fast Track

Directions

Costs

28.8

The court’s power to award costs is limited in accordance with Section VI and Section IX of Part 45.

SECTION III — Provisions Applying Only to Noise Induced Hearing Loss Cases Allocated to the Fast Track

Directions

28.9

Directions to be given under rule 28.2(1) shall be in the form set out at http://www.justice.gov.uk/courts/procedure-rules/civil, unless the court orders otherwise.

Limitation

28.10

• (1) The court may order a preliminary trial on limitation if satisfied that it is necessary in the interests of justice to do so.

• (2) If any party seeks a direction for a preliminary trial on limitation, this must be identified in that party’s directions questionnaire.

• (3) Where a preliminary trial on limitation is ordered in respect of one or more, but not all, defendants, the claims against all the other defendants shall be stayed until determination of the preliminary issue.

Costs

28.11

The court’s power to award costs is limited in accordance with Section VIII and Section IX of Part 45.

SECTION IV — Provisions Applying Only to Cases Allocated to the Intermediate Track

Case management conference

28.12

The court may fix a case management conference and may fix a pre-trial review.

Agreement of directions

28.13

The parties must endeavour to agree appropriate directions for the management of the proceedings and submit agreed directions, or their respective proposals to the court at least seven days before any case management conference. Where the court approves agreed directions, or issues its own directions, the parties shall be so notified by the court and the case management conference will be vacated accordingly.

Directions

28.14

• (1) The matters to be dealt with by directions under rule 28.2(1) include—

• (a) disclosure of documents;

• (b) service of witness statements;

• (c) expert evidence;

• (d) whether to fix a pre-trial review; ...

• (e) listing the case for trial ; and

• (f) whether to order or encourage the parties to engage in alternative dispute resolution.

• (2) The following provisions apply in respect of directions in the intermediate track—

• (a) oral expert evidence is limited to one witness per party, save where the oral evidence of a second expert for any party is reasonably required and is proportionate; and

• (b) the trial time estimate must not exceed 3 days.

• (3) The following provisions apply in respect of directions in the intermediate track, unless the court orders otherwise—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the total length of all the permitted witness statements and witness summaries of a party shall not exceed 30 pages; and

• (c) any expert report shall not exceed 20 pages—

• (i) including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and the reasons for those conclusions; but

• (ii) excluding the expert’s curriculum vitae, any supporting materials to which the reasons for their conclusions refer and any necessary photographs, plans and academic articles attached to the report.

Costs

28.15

The court’s power to award costs is limited in accordance with Section VII and Section IX of Part 45.

Deduction of benefits and lump sum payments

Scope of this Section and definitions

Costs consequences of acceptance of a Part 36 offer

Costs consequences following judgment

SECTION III — RTA Protocol and EL/PL Protocol Offers to Settle

Scope of this Section

Form and content of a Protocol offer

Time when a Protocol offer is made

General provisions

Restrictions on the disclosure of a Protocol offer

Costs consequences following judgment

Deduction of benefits

36.31

For the purposes of rule 36.30(1)(a) the amount of the judgment is less than the Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted.

(“Deductible amount” is defined in rule 36.20(1)(d).)

SECTION I — General Provisions

Scope of this Part

VAT

Additional costs for work in specified areas (‘London weighting’)

Litigants in person

Entitlement to costs – more than one claimant

Defendants’ costs

Counterclaims

Pre-action and interim applications

Claims for an amount of costs exceeding fixed recoverable costs

Claims for an amount of costs exceeding fixed recoverable costs – vulnerability

Failure to achieve costs greater than fixed recoverable costs

Costs of the costs-only proceedings or the detailed assessment

Unreasonable behaviour

Costs consequences on reconsideration of track or complexity band

Costs consequences where rules 36.23 or 36.24 apply

SECTION II — Commencement, Entry of Judgment and Enforcement

Scope and application

Amount of fixed commencement costs in a claim for the recovery of money or goods

When defendant only liable for fixed commencement costs

Fixed costs on entry of judgment in a claim for the recovery of money or goods

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)

Fixed costs on entry of judgment in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)

Miscellaneous fixed costs

Fixed costs of enforcement

SECTION III — HM Revenue and Customs

Scope, application and interpretation

Amount of fixed commencement costs in a County Court claim for the recovery of money conducted by an HMRC Officer

Fixed costs on entry of judgment in a County Court claim for recovery of money conducted by an HMRC Officer

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

Application of fixed costs and disbursements

Amount of fixed costs

Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer

Settlement at Stage 2 or Stage 3 where the claimant is a child

Where the court orders that the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child

Settlement before proceedings are issued under Stage 3

Additional advice on the value of the claim

Failure to comply or electing not to continue with the relevant Protocol – costs consequences

Where the parties have settled after proceedings have started

Where the claimant obtains judgment for an amount equal to or less than the defendant’s relevant Protocol offer

Adjournment

Account of payment of Stage 1 and Stage 2 fixed costs

Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F

SECTION V — The Pre-Action Protocol for Personal Injury Claims Below The Small Claims Limit in Road Traffic Accidents

Failure to comply with, or continue under, the RTA Small Claims Protocol

Claims which do not continue under the RTA Small Claims Protocol

SECTION VI — Fixed Costs in the Fast Track

Scope

Amount of fixed costs

Fixed costs

Specialist legal advice

Advice obtained in claims started under the RTA Protocol or the EL/PL Protocol

Preliminary issue or separate trial

45.48

• (1) Where a costs order is made in favour of a party in respect of a preliminary issue, that party is entitled to the fixed costs in Table 12 for the stage applicable at the date the preliminary issue is concluded, together with such disbursements as are allowed in accordance with Section IX of this Part.

• (2) Where a claim continues following the conclusion of a preliminary issue and a costs order is made in favour of a party on conclusion of the claim, that party shall be entitled to—

• (a) additional fixed costs, if it is the party in whose favour a costs order is made under paragraph (1); or

• (b) fixed costs, if the party is not a party in whose favour a costs order is made under paragraph (1),

being in either case the amount specified for the stage in Table 12 within which the claim concludes, less the applicable amount in stage B(1), together with such disbursements as are allowed in accordance with Section IX of this Part.

• (3) Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order.

• (4) Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court—

• (a) shall order the paying party to pay that element of the fixed costs which are specified in Table 12, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and

• (b) may order that party to pay a sum on account of that element of the fixed costs in Table 12 which are to be calculated by reference to a percentage of the damages to be awarded.

SECTION VII — Fixed Costs in the Intermediate Track

Scope

45.49

• (1) This Section sets out the costs which are to be allowed in any claim which would normally be or is allocated to the intermediate track.

• (2) This Section does not apply where Section IV, Section VI or Section VIII of this Part applies.

Amount of fixed costs

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; and

• (b) the disbursements as set out in Section IX of this Part.

• (2) In Table 14—

• (a) a reference to a date set by the court means the first date so set, notwithstanding that the parties may agree an extension to a later date, unless the court orders otherwise;

• (b) unless stated otherwise, “damages”—

• (i) means any form of monetary relief; or

• (ii) in a claim which has no monetary value, shall be taken to mean an amount equivalent to—

• (aa) £25,000 in a claim assigned to complexity band 1;

• (bb) £50,000 in a claim assigned to complexity band 2;

• (cc) £75,000 in a claim assigned to complexity band 3; and

• (dd) £100,000 in a claim assigned to complexity band 4;

• (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

• (iv) in so far as it applies to monetary relief, means—

• (aa) agreed damages; or

• (bb) an amount awarded following trial;

(Rule 44.2 provides that the court has a discretion as to the costs order to be made including whether an order for costs relating only to a distinct part of the proceedings is appropriate.)

• (c) the figures in each of stages S1, S3, S4, S5, S6 and S8 are the cumulative totals for costs incurred up to and including that stage;

• (d) the figures in stages S2, S7 and S9 to S15 are separate sums for those steps, if carried out; and

• (e) a reference to a ‘trial’is a reference to the final hearing.

• (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.

• (4) The costs in stages S2, S7 and S14 of Table 14 are only allowed where—

• (a) legal advice is obtained from, or a statement of case is drafted by—

• (b) a specialist legal representative in respect of a matter within their specialist expertise; or

• (c) the intended trial advocate; and

• (d) the use of that person to provide the advice or draft the statement of case is justified.

Preliminary issue or separate trial

45.51

• (1) Subject to paragraph (3), where a costs order is made in favour of a party in respect of a preliminary issue, that party is entitled to the fixed costs in Table 14 for the stage applicable at the date the preliminary issue is concluded, together with—

• (a) if there has been a trial, those fees appropriate in stages S8 and 9; and

• (b) if appropriate, those costs specified in stages S2, S7, S9, S12, S13 and S14.

• (2) Subject to paragraph (3), where a claim continues following the conclusion of a preliminary issue and a costs order is made in favour of a party on conclusion of the claim, that party shall be entitled to—

• (a) additional fixed costs, if it is the party in whose favour a costs order is made under paragraph (1); or

• (b) fixed costs, if the party is not a party in whose favour a costs order is made under paragraph (1),

being in either case the amount specified for the stage in Table 14 within which the claim concludes less the amount in stage S3, together with—

• (c) if there has been a trial, those fees appropriate in stages S8 and 9; and

• (d) if appropriate, those costs specified in stages S9, S12, S13 and S14.

• (3) Only one set of fees can be recovered by any one party under stages S13 and S14 whether under paragraph (1) or (2).

• (4) The parties are entitled to disbursements allowed in accordance with Section IX of this Part incurred in any period for which costs are payable to them.

• (5) Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order.

• (6) Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court—

• (a) shall order the paying party to pay that element of the fixed costs which are specified in Table 14, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and

• (b) may order that party to pay a sum on account of that element of the fixed costs in Table 14 which are to be calculated by reference to a percentage of the damages to be awarded.

SECTION VIII — Claims for Noise Induced Hearing Loss

Scope

45.52

• (1) This Section sets out the costs which are to be allowed in any claim for noise induced hearing loss which—

• (a) has been or should have been started under Annex E of the Pre-Action Protocol for Disease and Illness Claims; and

• (b) would normally be or is allocated to the fast track.

• (2) 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

45.53

• (1) The only costs allowed in any claim to which this Section applies are—

• (a) the fixed costs in Table 15; and

• (b) the disbursements set out in Section IX of this Part.

• (2) The cost of any additional pre-litigation advice is included within the Stage A costs and is not separately recoverable.

More than one defendant

45.54

• (1) )In Table 15, the reference to the number of defendants is to the number of active defendants against whom the claimant obtains a settlement or an award of damages.

• (2) Where the defendants have all admitted liability and coordinate settlement between them, only one set of Stage 2 costs is allowed.

• (3) Where at least one defendant admits liability and settles pre-litigation and at least one defendant denies liability—

• (a) the fixed costs payable by those defendants who have admitted liability are 100% of the stage 2A or 2B costs for those defendants as appropriate; and

• (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

45.55

Where the claimant succeeds at trial of a preliminary issue on limitation and an order for costs is made in favour of the claimant

• (a) the fixed costs may include those stages which would apply as if this was a trial of the claim, including trial advocacy fees; and

• (b) the claimant if successful in their claim for damages is entitled to additional fixed costs for the litigation stages only, starting with stage L2.

Restoration proceedings

45.56

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SECTION IX — Disbursements

Scope of this section

45.57

• (1) This Section sets out the disbursements which are to be allowed in any claim to which Section IV,Section VI, Section VII or Section VIII of this Part applies.

• (2) Subject to rule 45.62, the court—

• (a) may allow a claim for a disbursement of a type mentioned in rules 45.58, 45.59, 45.60 and 45.61, as applicable, and where it does so, the amount to be allowed is ... that which is reasonable and proportionate; but

• (b) shall not allow a claim for any other type of disbursement.

• (3) Where appropriate, VAT may be recovered in addition to the cost of any disbursement allowable under this Section.

Disbursements – Section IV

45.58

In a claim to which Section IV applies, the court may allow a claim for a disbursement of a type mentioned in paragraphs (a) to (f)—

• (a) subject to rule 45.62, the cost of obtaining—

• (i) medical records; and

• (ii) expert medical reports as provided for in the relevant Protocol;

• (b) the cost of obtaining non-medical expert reports as provided for in the relevant Protocol;

• (c) court fees payable—

• (i) as a result of Part 21 being applicable;

• (ii) where proceedings are started as a result of a limitation period that is about to expire; and

• (iii) in respect of the Stage 3 Procedure;

• (d) the provider cost of a telephone hearing;

• (e) additionally, in a claim to which the RTA Protocol applies—

• (i) an engineer’s report; and

• (ii) a search of the records of—

• (aa) the Driver Vehicle Licensing Authority; and

• (bb) Navigate (Motor Insurance Policy Database); and

• (f) any other disbursement reasonably incurred due to a particular feature of the dispute or any requirement of these Rules.

Disbursements – Section VI

45.59

Subject to rule 45.15A, in a claim to which Section VI applies, the court may allow a claim for a disbursement of a type in mentioned in paragraphs (a) and (b)—

• (a) in a claim started under a relevant Protocol to which Section IV applies—

• (i) the applicable disbursements referred to in rule 45.58(a) and (b) and (d) to (f);

• (ii) any court fees;

• (iii) in a claim which arises from a road traffic accident, the cost of obtaining a police report;

• (iv) any expert’s fee for attending the trial where the court has given permission for the expert to attend;

• (v) any interpreters’ or translators’ fees;

• (vi) expenses which a party or witness has incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing; and