The Civil Procedure Rules 1998

[F1 SECTION VIII E+W Claims for Noise Induced Hearing Loss

Textual Amendments

F1 Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

Scope E+W

45.52.— (1) This Section sets out the costs which are to be allowed in any claim for noise induced hearing loss which—

(a) has been or should have been started under Annex E of the Pre-Action Protocol for Disease and Illness Claims; and

(b) would normally be or is allocated to the fast track.

(2) Subject to rule 45.6(3), or unless a rule in this Section provides otherwise, the costs which are to be allowed are applicable to both claimants and defendants.

Amount of fixed costs E+W

45.53.— (1) The only costs allowed in any claim to which this Section applies are—

(a) the fixed costs in Table 15; and

(b) the disbursements set out in Section IX of this Part.

(2) The cost of any additional pre-litigation advice is included within the Stage A costs and is not separately recoverable.

More than one defendant E+W

45.54.— (1) ) In Table 15, the reference to the number of defendants is to the number of active defendants against whom the claimant obtains a settlement or an award of damages.

(2) Where the defendants have all admitted liability and coordinate settlement between them, only one set of Stage 2 costs is allowed.

(3) Where at least one defendant admits liability and settles pre-litigation and at least one defendant denies liability—

(a) the fixed costs payable by those defendants who have admitted liability are 100% of the stage 2A or 2B costs for those defendants as appropriate; and

(b) Stage 3 and any subsequent stages shall apply to the remaining defendants, provided that the claimant must give credit for the costs already payable under (a), so that the maximum entitlement under any stage is for the applicable stage costs.

Preliminary issues trials E+W

45.55.   Where the claimant succeeds at trial of a preliminary issue on limitation and an order for costs is made in favour of the claimant

(a) the fixed costs may include those stages which would apply as if this was a trial of the claim, including trial advocacy fees; and

(b) the claimant if successful in their claim for damages is entitled to additional fixed costs for the litigation stages only, starting with stage L2.

Restoration proceedings E+W

F2 45.56.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rule 45.56 omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(7)