Costs and funding

This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 ( CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and...

How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE- File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE- File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system- Online County Court services for money claims In...

Note The broadened fixed costs regime took effect on 1 October 2023. For all civil cases other than personal injury and disease, the extended fixed costs regime applies (save where a case is specifically excluded) where proceedings were issued on or after 1 October 2023. In personal injury matters, it applies where the cause of action arose on or after 1 October 2023, and in disease cases it applies if the letter of claim was sent to the defendant on or after 1 October 2023. This Practice Note addresses and covers fixed trial costs in the fast track for fixed costs cases issued prior to 1 October 2023. These are the costs the court may award as the advocate’s costs of preparing for and appearing at trial. The amount depends on the value of the claim (Table 9 (rule 45.38(1)) and on whether the case is a money claim, a non-money claim, or a counterclaim. Under the previous rule 45.39 the court has discretion to award more or less fast track trial costs. It also sets out the provisions in rule 45.40 where a single advocate acts for multiple parties...

Quantification of costs claimable by Litigants in Person (LiPs) This Practice Note outlines the provisions and authorities governing assessment of costs recoverable by litigants in person. It covers the two-thirds rule for compensating proved losses, what a LiP must establish to obtain more than the fixed LiP hourly rate (ie proof of financial loss), and how claimed time will be evaluated, including decisions in which the court has addressed quantifying financial loss in LiP matters. It also considers the alternative time measure, namely time spent, and the hourly rates that apply on this basis. Under CPR 46.5(4), costs are calculated either by reference to: proved financial loss, or the amount for the time reasonably spent doing the work at a fixed rate, currently £24 per hour (CPR PD 46, para 3.4) Note that, before 1 October 2025, the rate was £19 per hour. The £24 per hour rate applies to time reasonably spent on work carried out on or after 1 October 2025...

This Practice Note examines the scope to recover costs where a court order is silent on costs. While parties are not entitled to any costs linked to that particular order, it is important to recognise that in certain situations a costs order may be treated as having been made. In those circumstances, costs can be recovered. The general rule—no costs recovery The starting point is that if an order includes no provision about costs, the parties cannot recover their costs associated with that order (CPR 44.10(1)). In such instances, a party also cannot seek an order under section 194(3) of the Legal Services Act 2007 (LSA 2007) for payments relating to pro bono representation. The analysis in Kapoor v Johal (2024) confirms the meaning and effect of CPR 44.10(1)(a)(i), consistent with the pre‑CPR 44.10 decision in Griffiths v Commissioner of Police for the Metropolis (2003). As applications can generate substantial expense, it is crucial to ensure that appropriate submissions are made to the court in relation to costs orders. Make sure suitable representations are advanced to safeguard your position...

This Practice Note reviews the position on fixed costs prior to 1 October 2023 under Part 45. It outlines the purpose of fixed costs and the range of claim types and cost categories to which they apply. Note that the enlargement of the fixed costs regime took effect on 1 October 2023. For all civil claims, apart from personal injury and disease, the extended fixed costs framework applies (unless a case is expressly excluded) where proceedings are issued on or after 1 October 2023. For personal injury matters the extended fixed costs regime applies to cases where the cause of action accrued on or after 1 October 2023, and for disease claims the extended fixed costs regime applies to cases where the letter of claim was dispatched on or after 1 October 2023. For more detail, see Practice Note: Fixed costs—position on or after 1 October 2023. What are fixed costs? Fixed costs are recoverable sums set by statute. Consequently, these sums are not susceptible to challenge by a paying party under the indemnity principle. In general, an unsuccessful party should anticipate paying a percentage of the costs incurred by the successful party in most instances...