Fixed and assessed costs (Costs)-FS

Question 1

In which type of civil cases are fixed costs typically applied?

Answer 1

Fixed costs generally apply in Fast Track cases, where specific costs are prescribed depending on claim thresholds.

Question 2

What is the purpose of fixed costs in Fast Track cases?

Answer 2

To provide cost certainty and control litigation expenses in relatively straightforward civil cases.

Question 2

How are fixed costs determined in Fast Track trials?

Answer 2

Fixed costs are based on claim value bands, stage of proceedings, and length of trial, as set out in CPR Part 45.

Question 3

What are assessed costs?

Answer 3

: Costs that are not fixed and are instead determined by the court, usually via a detailed assessment under CPR Part 44.

Question 4

When are costs typically assessed rather than fixed?

Answer 4

In Multi-Track claims, where the complexity or value exceeds Fast Track thresholds.

Question 5

What principle governs the assessment of costs in non-fixed cases?

Answer 5

The principle of proportionality—costs must be reasonable and proportionate to the issues and value of the claim.

Question 6

What is the Fast Track limit generally applied to determine if fixed costs are appropriate?

Answer 6

£10,000–£25,000 claim value, though case type and complexity may influence allocation.