Intermediate Track Fixed Recoverable Costs 2026 | Bands 1–4 Guide

Intermediate Track fixed recoverable costs are set by CPR 45.50 and Table 14. The figures depend on two things above all others: the complexity band and the stage reached in the litigation.

This page explains what those figures mean in practice. It is not a substitute for the full table. If you want the full CPR figures in one place, go to our Intermediate Track Costs Table. If you want to understand how band allocation works, go to our Intermediate Track Complexity Bands guide.

What costs are recoverable in the Intermediate Track?

For as long as the claim remains within the Intermediate Track and is not allocated to the Multi-Track, the recoverable costs are:

• the fixed costs in Table 14

• the permitted disbursements under Section IX

That means the real arguments usually become:

• which band applies

• which stage has been reached

• whether a separate add-on fee is actually recoverable

• whether the disbursement claimed falls outside work already covered by the fixed regime

The figures are not all built the same way

One of the easiest mistakes is to treat every number in Table 14 the same way. That is wrong.

Cumulative stages

The figures in S1, S3, S4, S5, S6 and S8 are cumulative totals up to and including that stage.

Separate additional sums

The figures in S2, S7 and S9 to S15 are separate sums if those steps are carried out.

That distinction matters. If someone reads the table badly, the claim can be under-valued or overstated.

What the figures look like in practice

Band 1

Band 1 is the lowest-cost Intermediate Track band, but the figures still rise meaningfully as the case progresses. Examples:

• S1: £1,652 + 3% of damages

• S3: £4,129 + 10% of damages

• S6: £6,091 + 15% of damages

• S8: £6,813 + 15% of damages, less £599 if the trial bundle was not prepared

• S10 day 1 advocacy fee: £3,303

Even in a lower band case, the difference between early settlement and trial can be substantial.

Band 2

Band 2 is often the key battleground because it is commonly argued to be the proper band for standard Intermediate Track litigation. Examples:

• S1: £5,162 + 6% of damages

• S3: £7,949 + 12% of damages

• S6: £15,485 + 16% of damages

• S8: £17,550 + 20% of damages, less £898 if the trial bundle was not prepared

• S10 day 1 advocacy fee: £3,613

Band 3

Band 3 materially increases exposure. Examples:

• S1: £6,607 + 6% of damages

• S3: £9,394 + 12% of damages

• S6: £16,517 + 16% of damages

• S8: £19,614 + 20% of damages, less £1,239 if the trial bundle was not prepared

• S10 day 1 advocacy fee: £4,129

Band 4

Band 4 is the highest-cost band within the Intermediate Track. Examples:

• S1: £9,601 + 8% of damages

• S3: £13,420 + 14% of damages

• S6: £24,776 + 18% of damages

• S8: £29,938 + 22% of damages, less £1,445 if the trial bundle was not prepared

• S10 day 1 advocacy fee: £5,988

That is why band disputes matter so much. A case positioned in the wrong band can distort the whole valuation of costs exposure.

Additional fees people overlook

Some of the most important figures are the separate add-on sums rather than the headline cumulative stages.

S2

Specialist legal representative advice or drafting:

• Band 1: £2,065

• Band 2: £2,065

• Band 3: £2,374, or £3,613 if counsel also drafts a defence to a counterclaim

• Band 4: £2,374, or £3,613 if counsel also drafts a defence to a counterclaim

S7

Specialist legal representative advice following defence:

• Band 1: £1,445

• Band 2: £1,755

• Band 3: £2,374

• Band 4: £2,994

S13 and S14

ADR can also generate additional recoverable sums:

• S13 mediation/JSM fee: £1,239 in every band

• S14 specialist attendance fee: £1,445 in Band 1, £1,755 in Band 2, £2,065 in Band 3, £2,374 in Band 4

S16

Where a listed trial is removed from the list or settled shortly before trial:

• on the day of trial or not more than 1 day before trial: 100% of the S10 advocacy fee

• more than 1 day but not more than 5 days before trial: 75% of the S10 advocacy fee

Worked examples

Worked Example 1: Band 2 Claim Settled After Defence

Suppose an Intermediate Track claim is allocated to Complexity Band 2 and settles after the Defence has been served, but before later case management stages are reached. At Stage S3, the recoverable costs under Table 14 are:

£7,949 + 12% of damages

If damages were agreed at £50,000, the costs calculation would be:

• Fixed sum: £7,949

• Percentage element: £6,000

• Total recoverable costs: £13,949 (plus any permitted disbursements)

This illustrates why the stage reached and damages figure both matter when assessing exposure.

Worked Example 2: Band 4 case proceeding close to trial

Suppose an Intermediate Track claim is allocated to Complexity Band 4 and proceeds close to trial, reaching Stage S8.

At Stage S8, the recoverable costs under Table 14 are:

£29,938 + 22% of damages

If damages were agreed or awarded at £100,000, the costs calculation would be:

• Fixed sum: £29,938

• Percentage element: £22,000

• Total recoverable costs: £51,938

This may be subject to the applicable deduction if that party did not prepare the trial bundle.

If a mediation or joint settlement meeting also took place, separate additional fees may be recoverable under S13 and S14, where the relevant conditions are satisfied.

This example shows how costs exposure can rise significantly where a higher-band claim proceeds close to trial.

Disbursements

In Intermediate Track claims, the court may allow disbursements that have been reasonably incurred, provided they are not for work already covered by the fixed costs regime. That matters because parties sometimes try to relabel ordinary fee-earner work as a disbursement. That should be challenged.

Where disputes arise

Common disputes include:

• wrong complexity band

• wrong stage claimed

• incorrect treatment of cumulative and separate stages

• unjustified S2 or S7 claims

• ADR fees claimed when the factual basis is weak

• inflated disbursements for work already covered by fixed costs

Important scope point

Noise induced hearing loss claims have their own separate Table 15 regime. They should not be mixed into a general Intermediate Track fixed recoverable costs page unless you are specifically writing about NIHL.

• See the full Intermediate Track Costs Table

• Read our guide to Intermediate Track Complexity Bands

• Challenge a Bill of Costs

SPH Costs advises paying parties, insurers and local authorities on band disputes, fixed costs exposure and incorrect Table 14 claims.

Frequently Asked Questions

What are Intermediate Track fixed recoverable costs?

They are the fixed litigation costs set by CPR 45.50 and Table 14 for claims allocated to, or normally suitable for, the Intermediate Track.

Do fixed recoverable costs depend on damages?

Yes. Many Table 14 stages combine a fixed sum with a percentage of damages.

Does the complexity band matter?

Yes. Band 1 to Band 4 classification has a major impact on recoverable costs throughout the case.

Can disbursements still be claimed?

Yes, where reasonably incurred and not already covered by the fixed costs regime.

Can a paying party challenge the claim?

Yes. Disputes often arise over banding, stage reached, additional fees and disbursements.