Section 36.24

Rule 36.17 applies with the following modifications. Subject to paragraphs (3), (4) and (5), where an order for costs is made pursuant to rule 36.17(3)— the claimant is entitled to— the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which the relevant period expired; and any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them; and the claimant is liable for the defendant’s costs in accordance with paragraph (9). Where rule 36.17(1)(b) applies, the claimant is entitled to— the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date of judgment; and any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them. Where the court makes an order pursuant to rule 36.17(4), instead of costs awarded on the indemnity basis under rule 36.17(4)(b), the claimant is entitled to additional costs in accordance with paragraph (5). The additional costs are an amount equivalent to 35% of the difference between the fixed costs for— to which the claimant is entitled under paragraph (3)(a) and (b). the stage applicable when the relevant period expires; and the stage applicable at the date of judgment, Where a claim no longer continues under the RTA or EL/PL Protocol, then, subject to paragraph (7), where the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer— the claimant is entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 10 or Table 11 in Practice Direction 45; and the claimant is liable for the defendant’s costs in accordance with paragraph (9); and in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted. In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (6) shall only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report. Fixed costs must be calculated by reference to the amount which is awarded. Where the court makes an order for costs in favour of the defendant, the defendant is entitled to— less the fixed costs to which the claimant is entitled under paragraph (2)(a) or (6). the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 applicable at the date of judgment; and any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them, The parties are entitled to disbursements allowed in accordance with Section IX of Part 45 incurred in any period for which costs are payable to them. (“Deductible amount” is defined in rule 36.20(1)(d).)

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Source: legislation.gov.uk · retrieved 2026-08-15