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# CCR ORDER 38 # COSTS ## FIXED COSTS
Rule 18 |
(1) | Appendix B shall effect for the purpose of showing the total amount which, in the several cases to which Appendix B applies, shall be allowed to the solicitor for the claimant as fixed costs without assessment (whether by the summary or the detailed procedure), unless the court otherwise orders.
(2) | In a claim to which Appendix B or CPR Part 45 does not apply no amount shall be entered on the claim form for the charges of the claimant’s solicitor, but the words ‘to be assessed’ shall be inserted.
APPENDIX B
PART I - CLAIMS FOR THE RECOVERY OF PROPERTY, APPLICATIONS TO ENFORCE AN AWARD
## DIRECTIONS
1 |
The Tables in this Part of this Appendix show the amount to be entered on the claim form or application in respect of solicitors’ charges -
(c) | in a claim for the recovery of property, including land, with or without a claim for a sum of money (other than a claim to which CPR Part 45 applies), for the purpose of Part II of this Appendix or of fixing the amount which the plaintiff may receive in respect of solicitors’ charges without assessment whether by the detailed or summary procedure in the event of the defendant giving up possession and paying the amount claimed, if any, and costs;
(e) | in proceedings for the enforcement of a tribunal or other award, for the purposes only of Order 25, rule 12.
2 |
In addition to the amount entered in accordance with the relevant table the appropriate court fees shall be entered on the application.
3 |
In the tables the expression ‘claim’ means -
(a) | the sum of money claimed; or
(b) | in relation to a claim for the recovery of land (with or without a claim for a sum of money), a sum exceeding £600 but not exceeding £2,000;
(c) | in relation to a claim for the recovery of property other than money or land, the value of the property claimed or in the case of goods supplied under a hire purchase agreement, the unpaid balance of the total price.
4 | The tables do not apply where the application or the claim form is to be served out of England and Wales or where service by an alternative method is ordered. Tables of Fixed Costs
TABLE I
Where claim exceeds £25 but does not exceed £250
Amount of charges | £
(a) Where service is not by solicitor | 30.75
(b) Where service is by solicitor | 35.00
TABLE II
Where claim exceeds £250 but does not exceed £600
Amount of charges | £
(a) Where service is not by solicitor | 41.00
(b) Where service is by solicitor | 48.50
TABLE III
Where claim exceeds £600 but does not exceed £2,000
Amount of charges | £
(a) Where service is not by solicitor | 69.50
(b) Where service is by solicitor | 77.00
TABLE IV
Where claim exceeds £2,000
Amount of charges | £
(a) Where service is not by solicitor | 75.50
(b) Where service is by solicitor | 82.00
PART II - JUDGMENTS
## DIRECTIONS
. | Where an amount in respect of solicitors’ charges has been entered on the claim form under Part I of this Appendix and judgment is given in the circumstances mentioned in paragraphs (d) in column 1 of the following Table, the amount to be included in the judgment in respect of the solicitors’ charges shall, be the amount entered on the application or the claim form together with the amount shown in column 2 of the Table under the sum of money by reference to which the amount entered on the application or the claim form was fixed. Where judgment is given for a sum less than the amount claimed or for the delivery of goods of which the value or the balance of the total price is a sum less than the amount claimed, the foregoing paragraph shall, unless the court otherwise directs, have effect as if the amount entered on the application or the claim form had been fixed by reference to that sum. Fixed Costs on Judgments
Column 1 | Column 2 |  |
--- | --- | --- | ---
|  |  |  | Sum of money |
|  |  | A exceeding £25 but not exceeding £600 £ | B exceeding £600 but not exceeding £3,000 £ | C exceeding £3,000 £
(d) | Where judgment is given in a fixed date action for -
(i) | delivery of goods where goods are not subject to a regulated agreement; or
(ii) | possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent, and the defendant has neither delivered a defence, admission or counterclaim, nor otherwise denied liability
| 38.50 | 57.25 | 70.75
(Delivery of goods claims subject to a regulated agreement are dealt with by CPR Part 45)
PART III - MISCELLANEOUS PROCEEDINGS
. | The following Table shows the amount to be allowed in respect of solicitors’ charges in the circumstances mentioned. The appropriate court fee shall be allowed in addition.
Amount to be allowed | £
--- | ---
3 | For filing a request for the issue of a warrant of execution for a sum exceeding £25 | £2.25
4 | For service of any document required to be served personally (other than an application for an attachment of earnings order or a judgment summons unless allowed under Order 27, rule 9(1)(a), or Order 28, rule 10(2)(a)(i)), including copy and preparation of certificate of service | £8.50
5 | For service by an alternative method, including attendances, making appointments to serve claim forms, preparing and attending to swear and file affidavits and to obtain order, and the fees paid for oaths | £25.00
6 | For each attendance on the hearing of an application for an attachment of earnings order of a judgment summons where costs are allowed under Order 27, rule 9, or Order 28, rule 10 | £ 8.50
7 | For the costs of the judgment creditor when allowed in garnishee proceedings or an application under Order 30, rule 12
| (a) where the money recovered is less than £70.00 | one half of the amount recovered
| (b) where the money recovered is not less than £70.00 | £46.50
8 | For the costs of the judgment creditor when allowed on an application for a charging order | £71.00
9 | For obtaining a certificate of judgment where costs allowed under Order 35, rule 5(3)(d) | £8.00
10 | Where an order for possession is made under Section II of CPR Part 55 (Possession claims) without the attendance of the claimant, for preparing and filing the application, the documents attached to the application and the request for possession | £79.50
11 | On examination of a witness under CCR Order 25, rule 3 where any responsible representative of the solicitor attends, for each half-hour or part thereof | £15.00

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