Intermediate Track Costs Table (CPR 45.50): Fixed Recoverable Costs Explained
- 33 minutes ago
- 5 min read
The Intermediate Track costs table sets out the Fixed Recoverable Costs (FRC) allowed in many civil claims valued between £25,000 and £100,000. These costs are prescribed by CPR Part 45 and apply to cases allocated to the Intermediate Track. Unlike traditional costs recovery, the amount recoverable is fixed according to the stage reached in the litigation and the assigned Complexity Band, rather than the time spent by solicitors.
Because these tables determine the maximum recoverable costs in Intermediate Track litigation, understanding how they operate is essential when assessing litigation exposure and settlement strategy.
What the Intermediate Track Costs Table Covers
The CPR Intermediate Track costs table provides fixed costs for each stage of litigation, including:
Pre-issue work
Issue of proceedings
Case management and allocation
Pre-trial preparation
Trial advocacy
E
ach stage carries a prescribed fixed amount, which increases depending on the Complexity Band assigned to the case.
For a full explanation of how courts decide band allocation, see our guide to:
Intermediate Track Complexity Bands
Before the costs table can be applied, the court must allocate the claim to one of four Complexity Bands.
Band | Typical case type |
Band 1 | Simplest claims with limited issues |
Band 2 | Standard litigation such as many RTA or personal injury cases |
Band 3 | Moderately complex claims including NIHL and complex employer liability |
Band 4 | Most complex Intermediate Track cases such as professional negligence |
Higher bands allow significantly higher recoverable costs throughout the litigation.
CPR Intermediate Track Fixed Recoverable Costs Table
The table below provides a simplified overview of the structure used in the CPR tables.
Litigation Stage | Band 1 | Band 2 | Band 3 | Band 4 |
Pre-issue work | Lower fixed costs | Moderate costs | Higher costs | Highest costs |
Issue of proceedings | Fixed issue costs | Higher issue costs | Increased issue costs | Highest issue costs |
Allocation and case management | Stage costs apply | Higher stage costs | Increased stage costs | Highest stage costs |
Pre-trial preparation | Further fixed costs | Increased preparation costs | Significant preparation costs | Highest preparation costs |
Trial advocacy fee | Lowest advocacy fee | Moderate advocacy fee | Higher advocacy fee | Highest advocacy fee |
The exact figures depend on the value of the claim and the stage reached, but the structure remains consistent across the regime.
Intermediate Track Fixed Recoverable Costs Table (CPR 45.50)
The table below summarises Table 14 of the Fixed Recoverable Costs regime under CPR Part 45 for claims allocated to the Intermediate Track.
Stage | Description | Band 1 | Band 2 | Band 3 | Band 4 |
S1 | Pre-issue to service of defence | £1,652 + 3% damages | £5,162 + 6% damages | £6,607 + 6% damages | £9,601 + 8% damages |
S2 | Specialist legal representative advice or drafting statement of case | £2,065 | £2,065 | £2,374 or £3,613 if counsel drafts defence to counterclaim | £2,374 or £3,613 if counsel drafts defence to counterclaim |
S3 | Defence to CMC / directions | £4,129 + 10% damages | £7,949 + 12% damages | £9,394 + 12% damages | £13,420 + 14% damages |
S4 | Directions to inspection | £4,749 + 12% damages | £9,704 + 14% damages | £11,356 + 14% damages | £16,517 + 16% damages |
S5 | Inspection to witness statements / expert reports | £5,368 + 12% damages | £11,356 + 16% damages | £12,388 + 16% damages | £20,647 + 18% damages |
S6 | Post-WS / expert stage to PTR or 14 days before trial | £6,091 + 15% damages | £15,485 + 16% damages | £16,517 + 16% damages | £24,776 + 18% damages |
S7 | Specialist legal representative advising after defence | £1,445 | £1,755 | £2,374 | £2,994 |
S8 | Final preparation to trial | £6,813 + 15% damages (less £599 if no bundle) | £17,550 + 20% damages (less £898 if no bundle) | £19,614 + 20% damages (less £1,239 if no bundle) | £29,938 + 22% damages (less £1,445 if no bundle) |
S9 | Legal representative attendance at trial (per day) | £599 | £898 | £1,239 | £1,445 |
S10 | Trial advocacy fee – day 1 | £3,303 | £3,613 | £4,129 | £5,988 |
S11 | Advocacy fee – subsequent days | £1,445 | £1,755 | £2,065 | £2,994 |
S12 | Handing down of reserved judgment | £599 | £599 | £599 | £599 |
S13 | ADR fixed fee | £1,239 | £1,239 | £1,239 | £1,239 |
S14 | ADR attendance fee | £1,445 | £1,755 | £2,065 | £2,374 |
S15 | Approval of settlement for child | £1,239 | £1,445 | £1,755 | £2,065 |
Trial Advocacy Fee Adjustments
Where a claim settles shortly before trial, rule 45.50 Table 14 provides staged reductions:
Settlement Timing | Advocacy Fee Payable |
On trial day or ≤1 day before trial | 100% of S10 advocacy fee |
More than 1 day but ≤5 days before trial | 75% of S10 advocacy fee |
These provisions frequently affect settlement strategy shortly before trial, particularly where the advocacy fee is substantial.
Trial Advocacy Fees Under the CPR Table
Where a claim proceeds to trial, the CPR costs table provides a separate fixed advocacy fee. This fee varies according to the complexity band assigned to the case.
The advocacy fee reflects the preparation and representation required for the final hearing and can represent a significant proportion of recoverable costs within the regime. As a result, disputes about band allocation frequently arise before trial, as the assigned band directly affects the advocacy fee available.
For further detail see our guide to: Intermediate Track Fixed Recoverable Costs: Band 1–4 Figures Explained.
Why the CPR Costs Table Matters in Litigation
The introduction of the Intermediate Track costs table has significantly changed the nature of costs disputes. Instead of focusing on hourly rates and time spent, disputes now often centre on:
Correct complexity band allocation
Application of the FRC tables
Whether certain work falls inside or outside the fixed costs regime
The correct trial advocacy fee
Because the costs table determines the entire recoverable costs structure, band allocation arguments frequently become a central tactical issue between parties.
Costs Disputes Under the Fixed Recoverable Costs Regime
Although costs are fixed, disputes still arise regarding the application of the CPR tables.
Common issues include:
Whether the correct band was applied
Whether certain work falls outside the fixed costs regime
Recovery of additional costs in exceptional circumstances
Correct calculation of trial advocacy fees
These disputes sometimes arise during costs assessment proceedings.
Learn more about our Detailed Assessment Paying Party Services.
Strategic Importance of Early Costs Advice
Because the Intermediate Track costs table determines recoverable costs throughout the litigation, early advice can significantly affect the financial outcome of a case.
Specialist costs advice may assist with:
Challenging incorrect band allocation
Assessing potential costs exposure
Advising on settlement strategy
Handling disputes arising during costs assessment
SPH Costs regularly advises on Fixed Recoverable Costs disputes and complexity band allocation issues. Learn more about our Paying Party Costs Lawyer Services.
Frequently Asked Questions About the Intermediate Track Costs Table
What is the Intermediate Track costs table?
It is the CPR table setting out the fixed recoverable costs allowed at each stage of litigation in claims valued between £25,000 and £100,000.
Do all Intermediate Track cases use the same table?
Yes, but the recoverable costs vary depending on the complexity band assigned to the case.
Can parties challenge how the CPR costs table is applied?
Yes. Disputes may arise regarding band allocation, application of the table, and recovery of costs outside the fixed regime.
Does the costs table apply if the case settles early?
Yes. The recoverable costs depend on the stage reached in the litigation when settlement occurs.
Related Guides
For further information see:
