Section 45.51

Subject to paragraph (3), 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 14 for the stage applicable at the date the preliminary issue is concluded, together with— if there has been a trial, those fees appropriate in stages S8 and 9; and if appropriate, those costs specified in stages S2, S7, S9, S12, S13 and S14. Subject to paragraph (3), 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 14 within which the claim concludes less the amount in stage S3, together with— 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), if there has been a trial, those fees appropriate in stages S8 and 9; and if appropriate, those costs specified in stages S9, S12, S13 and S14. Only one set of fees can be recovered by any one party under stages S13 and S14 whether under paragraph (1) or (2). The parties are entitled to disbursements allowed in accordance with Section IX of this Part incurred in any period for which costs are payable to them. 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 14, 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 14 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