The low-value personal injury fixed costs regime has been in force for over a decade, accommodating the need for an approval hearing in the MOJ portal (which is surprising as ex-portal cases do not, see Aldred v Cham [2019] EWCA Civ 1780).
As with ex-portal cases, the range of disbursements recoverable under the regime are limited, but even more so for cases that remain in the MOJ portal. There is no equvielnet CPR 45.29(2)(h)(disbursements reasonably incurred as a result of a particular feature of the dispute) in CPR 45.19.
Even ten years down the line, I still regularly receive cost schedules for infant cases where the cost attending the Stage 3 oral hearing or the approval hearing has been characterised as a disbursement, rather than a fixed cost.
Where is Counsel’s fees of attending the hearing?
Counsel’s fee for attending appears in the form of Stage 3 Type B costs:-
Type B fixed costs’ means the advocate’s costs
CPR 45.18(2)
They are to allow the Claimant to have the relevant funds to contribute to the cost of someone to attend the Stage 3 or approval hearing.
I say contribute because a party can pay as much as they want for their advocate to attend the hearing, thanks to the absence of the indemnity principle (Butt v Nizami [2006] EWHC 159 (QB)). It’s also why Solicitors can receive the £300 inclusive of VAT, instruct an advocate at half the cost and retain the difference.
Of course, it can go the other way, and a party could spend more than £300. If it were a Claimant, they would want to avoid that.
So how does one claim, for example, Counsel’s fee for attending a previous Stage 3 hearing?
(4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at the Stage 3 hearing.
(5) At the Stage 3 hearing the court will order the defendant to pay – (a) the Stage 3 Type A and C fixed costs for the settlement hearing; (b) disbursements allowed in accordance with rule 45.19; and (c) the Stage 3 Type B fixed costs for one of the hearings.
(6) The court in its discretion may also order – (a) the defendant to pay an additional amount of either or both the Stage 3 – (i) Type A fixed costs;
(ii) Type B fixed costs; or (b) the claimant to pay an amount equivalent to either or both of the Stage 3 – (i) Type A fixed costs; (ii) Type B fixed costs.(7) Where the settlement is not approved at the Stage 3 hearing the court will order the defendant to pay the Stage 3 Type A fixed costs.
Alternatively, CPR 45.27 give the Court the discretion (where the Court adjourns a settlement hearing or Stage 3 hearing) to Order a party to pay an additional Stage 3 Type B fixed costs.
Does this also apply to ex-portal cases?
Technically yes. The costs awarded under CPR 45.29H for interim hearings is £250 + VAT. That includes the cost of advocacy and the legal fees. It’s not a disbursement. The trial advocacy fees are separate from the list of disbursements available under CPR 45.29I.
However, that does not mean all advocacy fees are not strictly disbursements. Counsel’s fee could be awarded if required due to a particular feature of the dispute under CPR 45.29i(2)(h). I had this once in a case where a Defendant made a complicated application to strike out the case. I instructed counsel and we were successful. We argued that it triggered CPR 45.29J as a lot of time and resources were incurred as a result of defending the application (which we successfully did). The Judge was not satisfied that CPR 45.29J was triggered but accepted that the need for counsel for this hearing was justified; she did so under CPR 45.29i(2)(h).
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
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.