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CPR Part 45 Fixed Costs

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  • CPR Part 45 Fixed Costs



    I am a litigant in person and would be grateful for help on two related questions arising from a concluded county court case.

    I lost a civil claim in the County Court in late 2025. Costs were ordered against me under CPR Part 45 fixed costs. The relevant paragraph of the sealed order reads:
    "The Defendant shall pay the Claimant's costs of the claim and counterclaim under CPR Part 45 to be assessed if not agreed."
    An interim payment was ordered and paid on time. The receiving party, who is represented by solicitors, has filed nothing at court in the six months since the order. No agreement on the final figure has been reached.
    Question 1 — Time limit
    Is there any specific time limit under CPR Part 45, or elsewhere in the CPR, within which the receiving party must apply to the court for the costs to be assessed? I am aware that CPR 47.7 imposes a three month deadline for commencing detailed assessment proceedings under CPR Part 47, but I understand that does not apply to CPR Part 45 fixed costs cases. Does the Limitation Act 1980 six year period for judgment debts apply instead, potentially leaving the matter unresolved indefinitely?
    Question 2 — Paying party's options
    If there is no deadline on the receiving party, is there any mechanism available to me as the paying party to force resolution? Can a paying party apply to the court to have the fixed costs determined, rather than waiting indefinitely for the receiving party to act? If so, what is the appropriate application and procedure?
    Any help gratefully received.

    Tags: None

  • #2
    You need to look at CPR Part 47 - the procedure for detailed assessment. See rule 47.7: https://www.justice.gov.uk/courts/pr...ssessment#47.7, and also 47.8.

    The basic rule is 3 months, but that is not the whole story, as you will see on reading rule 47.8.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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