Jurisdiction(s):
United Kingdom

NIHL claims in England and Wales: Annex E procedure and fixed recoverable costs under CPR 45 (fast track) from 1 October 2023, with April 2024 updates

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Practice notes

Fixed recoverable costs in noise-induced hearing loss (NIHL) claims

Following recommendations of the Civil Justice Council, fixed recoverable costs for NIHL matters were introduced. The principal provisions are located in:

Pre-Action Protocol for Disease and Illness Claims, Annex E
Section VIII of CPR 45
Table 15 of CPR PD 45

Annex E of the Pre-Action Protocol for Disease and Illness Claims

Scope

Annex E to the Pre-Action Protocol for Disease and Illness Claims applies where:

the claim concerns NIHL
the claim appears suitable for allocation to the fast track
the first letter of claim is issued on or after 1 October 2023

Annex E is designed to underpin the fixed recoverable costs regime set out in Section VIII of CPR 45. If there is any inconsistency between the general provisions of the Pre-Action Protocol for Disease and Illness Claims and Annex E, Annex E takes priority.

Excluded cases

The following NIHL claims fall outside the fixed recoverable costs regime:

military claims, i.e. claims by members of the armed forces in respect of their service career
claims valued at more than £25,000
claims...

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Web page updated on 21/05/2026

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