I have now had at least four hearings where there has been a need for the Court and the advocates to consider Part 45 of CPR. Each time the Judge has said “I do not have the original Part 45 rules” because the original Part 45 rules were removed, despite the original still playing an important rule.
Fortunately, the internet prevails, and links to archived versions have been passed around. Why is it, however, the rules were more just amended to include the necessary rules for the recent expansion of fixed recoverable costs on 1st October?
How Part 45 has changed substantially
The original Part 45 included the fixed costs tables along with the rules and formulas needed to calculate the relevant costs at relevant stages of proceedings.
Now the rules and tables have been separated, with the tables being moved to Practice Direction 45. It’s understandable that the volume of tables required no longer made it suitable to be interwoven throughout Part 45.
What about Part 36 as a comparison?
It appears, on the other hand, Part 36 was amended to allow the various rules for the various types of claims.
This is important because parties can easily identify which rules apply to what (SECTION II Claims to Which Sections VI, VII, or VIII of Part 45 Apply). It is seems overly complicated but Part 36 is now tame compared with the two versions of part 45 running simultaneously.
Why couldn’t the pre-1st October 2023 Part 45 remain online?
It does seem so odd that they removed the pre-1st October 2023 Part 45 when the legislation (The Civil Procedure (Amendment No. 2) Rules 2023) expressly confirmed that the new Part 45 rules did not apply to personal injury claims where the cause of action takes place before the 1st October 2023.
Thanks to everyone on Linkedin, the link to the national archived version exists for everyone to access. Don’t forget the current White Books also have the Pre-1st October 2023 version of Part 45.
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From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.