RTA Fixed Costs can apply in Personal Injury claims for Road Traffic Accidents. These costs are governed by the Civil Procedure Rules, Part 45. CPR 45 implemented some changes by the introduction of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accident. This fixed costs regime came into force on 31 July 2013 and covers all personal injury claims relating to Road Traffic Accidents which have commenced after that date.

Under The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, where the claim value is less than £25,000, the case will need to be submitted to the MOJ Portal and be dealt with through that Portal.

The amount of costs recoverable costs for an RTA case will depend on whether the matter settled within the Portal or outside of the Portal. There are a number of reasons which can result in the case exiting the MOJ Portal. 

RTA Fixed Costs – Matter settles within the Portal

The MOJ Portal includes different stages within it, namely three stages. The type of RTA Fixed Costs within the Portal are split into different types:

CPR45.18

(1) Subject to paragraph (4), the amount of fixed costs is set out in Tables 6 and 6A.

(2) In Tables 6 and 6A –

‘Type A fixed costs’ means the legal representative’s costs;

‘Type B fixed costs’ means the advocate’s costs; and

‘Type C fixed costs’ means the costs for the advice on the amount of damages where the claimant is a child.

Table 6 deals with RTA Fixed Costs where the matter settles within the Portal. Again, the level of costs recoverable is based on the stage of settlement and the amount of damages agreed.

RTA Fixed Costs – Matter settles outside of the Portal

The amount of RTA Fixed Costs which apply to a case will depend on the amount of damages recovered and the stage of the proceedings at settlement.

For example, if the matter is to settle outside of the Portal, but before proceedings under Part 7 are issued, and if the damages agreed are between £1,000 and £5,000, the amount of RTA Fixed Costs recoverable will be as follows:

The greater of—

(a) £550; or

(b) the total of—

(i) £100; and

(ii) 20% of the damages

Should the damages agreed be between £5,000 and £10,000 then the RTA Fixed Costs which will apply will be £1,100 and 15% of damages. If the damages agreed exceeds £10,000 then the Fixed Costs recoverable will be £1,930 and 10% of damages over £10,000.

In order for RTA Fixed Costs to apply, the matter needs to be allocated to the Fast Track should it reach allocation prior to settlement.

Table 6B under CPR 45 provides a breakdown of RTA Fixed Costs which are recoverable whether the matter settles prior to the issuing of proceedings or after the issuing of proceedings, dependent on the level of damages agreed.

Disbursements

Disbursements under RTA Fixed Costs are also recoverable. CPR rule 45.19 governs the types of disbursements which are capable of being recovered and the amount.

The cost of obtaining medical records, medical reports and non-medical expert reports are all recoverable. Court fees are also recoverable as per CPR 45.19 (2):

(2) In a claim to which either the RTA Protocol or EL/PL Protocol applies, the disbursements referred to in paragraph (1) are –

(a) the cost of obtaining –

(i) medical records;

(ii) a medical report or reports or non-medical expert reports as provided for in the relevant Protocol;

(aa) Driver Vehicle Licensing Authority;

(bb) Motor Insurance Database;

(b) court fees as a result of Part 21 being applicable;

(c) court fees payable where proceedings are started as a result of a limitation period that is about to expire;

(d) court fees in respect of the Stage 3 Procedure; and

(e) any other disbursement that has arisen due to a particular feature of the dispute.

CPR 45.19(2A) deals with the amount of costs which are recoverable in relation to reports in soft tissue injury claims. The figures given in CPR 45.19(2A) are exclusive of VAT. stating for example the cost of obtaining the first report from a medical expert is allowed at £120.

Disbursements incurred for further medical reports are thereafter allowed as per CPR 45.19(2A)(b) for example allowing £420 for an Consultant Orthopaedic Surgeon Report (inclusive of a review of medical records where applicable).

How Can ARC Costs Help?

ARC Costs are a team of specialist Costs Draftsmen and Costs Lawyers who can assist in the recoverability of costs.

We hold experience in dealing with CPR 45 Fixed Recoverable Costs. We can assist in advising you on the level of costs which are recoverable under CPR 45 RTA Fixed Costs dependant on the case circumstances and the damages recovered or agreed.

 Should you require assistance prior to the matter being settled and damages being agreed, we can advise you on the level of costs which are likely to be recovered under the Fixed Costs regime.

In some cases, fixed costs may be disputed. We can assist in negotiating with the opposing party in order to narrow the issues between the parties prior to commencing detailed assessment proceedings.

Should detailed assessment proceedings commence, we can advise you regarding these and our Costs Lawyers can represent you at any hearing.

Should you wish to discuss your costs query with us, please contact us on 01204 397302 or info@arccosts.co.uk. Alternatively, you may complete the enquiry form on our website and a costs expert will contact you to discuss your query.

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