Costs Procedure
The main CPR are:
CPR 45 (in relation to fixed costs)
CPR 44.6 (in relation to assessment generally)
44 PD 8-9 (in relation to assessment generally and fixed
costs)
CPR 47 (in relation to detailed assessment)
47 PD (in relation to detailed assessment)
Fixed costs (CPR 45)
Costs that remain constant and do not vary with short-term change
The costs that one party pays the other party’s costs are fixed.
From 01 October 2023, fixed costs apply to all small claims, fast claims, and
intermediate track claims – CPR 27.14.
In both fast-track and intermediate-track claims, there are 4 complexity bands.
(CPR 26.15)
A case will be assigned to a complexity band when it is allocated to either the
fast or intermediate track.
The complexity band assigned and the stage at which the case is concluded
determines the amount of fixed costs that can be recovered.
Assessed costs
If the costs are not fixed, then the court will need to be involved with the
decision and calculation of the amount payable by way of costs from one party to
another.
Assessment of costs only occurs when the parties are unable to agree on the
amount of costs one should pay to the other.
There are two bases of assessment – the standard basis and the indemnity basis.
These govern the criteria to be adopted by the court when calculating costs.
This also explains the considerations the court will take into account when
deciding the amount of costs.
Two alternative procedures for assessment: summary and detailed assessment.
Summary assessment
The court determines the amount payable by way of costs immediately at
the end of a hearing
The parties must prepare statements of costs, preferably on the standard
form N260, and file and serve them to each party not less than 24 hours
before the time fixed for the hearing
o 44 PD 1.2 + 44 PD 9.5(4)(b)
The main CPR are:
CPR 45 (in relation to fixed costs)
CPR 44.6 (in relation to assessment generally)
44 PD 8-9 (in relation to assessment generally and fixed
costs)
CPR 47 (in relation to detailed assessment)
47 PD (in relation to detailed assessment)
Fixed costs (CPR 45)
Costs that remain constant and do not vary with short-term change
The costs that one party pays the other party’s costs are fixed.
From 01 October 2023, fixed costs apply to all small claims, fast claims, and
intermediate track claims – CPR 27.14.
In both fast-track and intermediate-track claims, there are 4 complexity bands.
(CPR 26.15)
A case will be assigned to a complexity band when it is allocated to either the
fast or intermediate track.
The complexity band assigned and the stage at which the case is concluded
determines the amount of fixed costs that can be recovered.
Assessed costs
If the costs are not fixed, then the court will need to be involved with the
decision and calculation of the amount payable by way of costs from one party to
another.
Assessment of costs only occurs when the parties are unable to agree on the
amount of costs one should pay to the other.
There are two bases of assessment – the standard basis and the indemnity basis.
These govern the criteria to be adopted by the court when calculating costs.
This also explains the considerations the court will take into account when
deciding the amount of costs.
Two alternative procedures for assessment: summary and detailed assessment.
Summary assessment
The court determines the amount payable by way of costs immediately at
the end of a hearing
The parties must prepare statements of costs, preferably on the standard
form N260, and file and serve them to each party not less than 24 hours
before the time fixed for the hearing
o 44 PD 1.2 + 44 PD 9.5(4)(b)
