Section 45.48

Where a costs order is made in favour of a party in respect of a preliminary issue, that party is entitled to the fixed costs in Table 12 for the stage applicable at the date the preliminary issue is concluded, together with such disbursements as are allowed in accordance with Section IX of this Part. Where a claim continues following the conclusion of a preliminary issue and a costs order is made in favour of a party on conclusion of the claim, that party shall be entitled to— being in either case the amount specified for the stage in Table 12 within which the claim concludes, less the applicable amount in stage B(1), together with such disbursements as are allowed in accordance with Section IX of this Part. additional fixed costs, if it is the party in whose favour a costs order is made under paragraph (1); or fixed costs, if the party is not a party in whose favour a costs order is made under paragraph (1), Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order. Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court— shall order the paying party to pay that element of the fixed costs which are specified in Table 12, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and may order that party to pay a sum on account of that element of the fixed costs in Table 12 which are to be calculated by reference to a percentage of the damages to be awarded.

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