Fixed costs in intermediate track cases: how to calculate what’s recoverable, by John O’Hare
- Gives guidance on three of the calculations in PD 45, Table 14 that dictate the amount paid to the winner in intermediate track cases, based on: the stage in the proceedings at conclusion; the complexity band; and the addition of certain extra costs.
Practice Direction 45, Table 14 applies to most (but not all) cases allocated to the intermediate track. The amount payable to the winner (claimant or defendant) is dependent on five calculations:
i. the stage in the proceedings when the case was won;
ii. the complexity band to which the case had previously been assigned;
and where appropriate:
iii. the addition of certain extra costs and disbursements;
iv. increases which may be allowed; and/or
v. reductions which may be imposed.
Guidance as to the first three calculations is given below. The other two (eg, London weighting, VAT, reductions to be made because of unreasonable behaviour by the receiving party) are not covered
