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Fixed Recoverable Costs under CPR 45 in England and Wales: Fast and Intermediate Tracks—Scope, Exclusions, Calculations, Advocacy Fees and Practical Guidance (from 1 October 2023)

Practice notes
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This Practice Note sets out what fixed costs are, the categories and values of claims that fall within fixed costs and those that are excluded. It explains the rules that apply to fixed costs cases and provides worked examples illustrating how to calculate fixed costs. It also offers guidance on practical issues and points to consider. This Practice Note is an initial guide to the general fixed costs provisions under CPR 45 and does not cover fixed costs rules that are specific to personal injury matters. For further reading, see the following Practice Notes:

  • Fixed costs—position on or after 1 October 2023
  • Fixed costs—fast track (position on or after 1 October 2023)
  • Fixed costs—intermediate track (position on or after 1 October 2023)

What are fixed costs?

Fixed costs cap the level of costs the receiving party can recover from the paying party, regardless of actual outlay. Their purpose is to deliver predictability and certainty, as the recoverable costs are set at a fixed sum. The amount that can be recovered depends on the track to which the claim is allocated and the complexity band...

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Fraser Barnstaple
Fraser Barnstaple

I am a barrister specialising exclusively in costs and litigation funding.  My practice spans the full spectrum of Costs and Litigation Funding to include advice, drafting and advocacy in respect of all inter-partes costs disputes and solicitor-client disputes. I have been instructed in a number of multimillion-pound costs claims, have appeared in the Court of Appeal and have built up a considerable and impressive level experience of detailed assessments (in the SCCO and the County Court), fixed costs determinations, CCMCs/CMCs, hearings involving the assessment of costs deductions from protected party’s damages, hearings in respect of solicitor-client disputes and a range of application hearings involving wasted costs, expert/agency fees, fixed costs challenges, relief from sanctions, QOCS and the setting aside of Default Costs Certificates.  Additionally, I have a busy paper work practice, and am regularly instructed to drafts costs pleadings, which include Points of Dispute and...

Web page updated on 22/05/2026

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