CPR 45 Fixed Costs Advocacy Fees Explained

May 5, 2016
3 min read

Updated: 1 day ago

Updated 8 March 2026

Advocacy fees under CPR Part 45 remain a recurring issue in fixed costs litigation. Even though the fixed costs regime has expanded significantly in recent years, disputes still arise concerning whether an advocacy fee becomes payable where a claim settles close to trial or after substantial trial preparation has taken place.

For solicitors, insurers and costs professionals assessing litigation costs exposure, understanding when advocacy fees arise within the CPR 45 framework remains important.

These issues continue to appear in both fast track fixed costs cases and disputes arising within the broader Fixed Recoverable Costs (FRC) regime.

For a wider overview of how the fixed costs system now operates, see our guide to Fixed Recoverable Costs Explained.

What Is a CPR 45 Advocacy Fee?

Within the fast track fixed costs regime, CPR 45 provides for the recovery of a fixed advocacy fee where a trial takes place. The fee represents the cost of the advocate conducting the hearing and is payable in addition to the staged fixed costs allowed during earlier stages of litigation.

The amount of the advocacy fee depends on the type of claim and the procedural stage reached.

In practice, disputes arise where a case settles shortly before trial. Parties may disagree about whether the advocacy fee has been earned, particularly where preparation for trial has already taken place but the hearing itself does not occur.

Settlement Shortly Before Trial

Where settlement occurs shortly before trial, the key question is whether the circumstances justify payment of the advocacy fee despite the hearing not taking place.

Historically, courts have examined the stage of the litigation and the work undertaken in preparation for trial when considering such disputes.

The reasoning behind the rule is straightforward. The fixed costs regime is designed to create predictability. However, the rules also recognise that advocates may already have undertaken significant preparation for a hearing that ultimately does not take place.

The result is that disputes about advocacy fees often turn on the precise procedural stage reached before settlement.

Why These Issues Still Matter

Although the fixed costs regime has expanded significantly following the introduction of the intermediate track, many fast track claims remain subject to the traditional CPR 45 framework. Advocacy fee issues therefore continue to arise in a range of fixed costs disputes.

The introduction of the modern FRC regime has also increased the importance of understanding how fixed costs operate across different stages of litigation.

For a broader explanation of the modern framework, including the introduction of the intermediate track, see our guide to: Intermediate Track Fixed Recoverable Costs

Fixed Costs Tables and Litigation Stages

The modern FRC system relies on structured cost tables that define recoverable costs depending on the procedural stage reached and the complexity of the claim.

Understanding how these tables operate is often central to assessing litigation costs exposure and advising clients on settlement strategy.

A detailed breakdown of the current tables is set out in our guide to the Intermediate Track Costs Table: https://www.sphcosts.com/post/intermediate-track-costs-table

These tables illustrate how fixed costs are intended to provide clarity and predictability within civil litigation.

Strategic Considerations for Paying Parties

From a paying party perspective, disputes concerning advocacy fees frequently arise when reviewing bills of costs following settlement. Key issues that may arise include:

• whether the litigation had genuinely reached the trial stage

• whether advocacy preparation had already been undertaken

• whether the rules governing fixed costs permit recovery in the circumstances of the case

In some situations, these disputes may ultimately form part of wider detailed assessment proceedings.

Our guide to Paying Party Strategy at Detailed Assessment explores how such issues arise in practice: https://www.sphcosts.com/paying-party-detailed-assessment

The Continuing Role of Costs Specialists

Although fixed costs regimes are designed to simplify litigation costs, disputes still arise regarding the interpretation of the rules and the application of specific cost provisions such as CPR 45 advocacy fees.

Specialist costs advice can assist solicitors and insurers in identifying potential challenges and assessing the recoverability of disputed items within fixed costs claims.

In complex cases, careful analysis of the procedural stage reached and the rules governing fixed costs can significantly affect the ultimate level of recoverable costs.

Conclusion

CPR 45 advocacy fees remain a relevant issue within fixed costs litigation, particularly where settlement occurs shortly before trial.

Despite the expansion of the modern Fixed Recoverable Costs regime, disputes concerning advocacy fees continue to arise in practice. Understanding how the rules operate, and how they interact with the wider FRC framework, remains important for solicitors, insurers and costs professionals managing litigation risk.