In fast track cases, the court’s power to award trial costs is limited in accordance with CPR Part 45 Section VI. Where the value of the claim does not exceed £3,000 the trial costs which the court may award will be £485. Where the value of the claim is more than £3,000 but not more than £10,000 the trial costs are £690. Where the value of the claim is more than £10,000 but not more than £15,000 the trial costs are £1,035; and where the value of the claim is more than £15,000 (for claims issued on or after 6 April 2009) the trial costs are £1,650. The court may not award more or less than those amounts unless it decides not to award any trial costs or the circumstances set out in CPR 45.39 apply. The court has the power to apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial (CPR 45.38(2)).
The exceptional cases in which higher costs may be ordered are set out in CPR 45.39. These cover additional legal representatives, separate trials, litigants in person, counterclaims and unreasonable or improper behaviour.
Where a fast track case settles before the start of the trial and the court is assessing the amount of costs to be allowed in respect of a party’s advocate for preparing for trial, it may not allow an amount exceeding the amount of fast track trial costs which would have been payable had the trial taken place (CPR 46.12).