Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94 – Law Journals

Costs: To fix or not to fix?

Paul Jones considers the potential conflict between fixed costs and Part 36 offers ‘Could the court, following late acceptance of a Part 36 offer in a fixed-costs case, make an order for the costs incurred in the late period to be paid in addition to the fixed costs?’ The system of fixed costs, which covers …

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Insights By Penningtons Manches: Costs crusade

Richard Marshall, Clare Arthurs and Nicole Finlayson look at Jackson LJ’s recent report ‘If we want to avoid wholescale fixed recoverable costs, we need to keep working with the costs management process, and engage with the other proposals that Jackson LJ sets out.’ On 21 July 2017, Jackson LJ published that essential summertime reading, his …

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Case Report: Prescott v Trustees of the Pencarrow 2012 Maintenance Fund (2017) unreported, Plymouth County Court, District Judge Richards, 12 June

Fixed costs regime; road traffic accident; non-road user; pre-action protocols; public liability claims, simple fast-track claims ‘The claim was straightforward and low value. The costs should be proportionate and the court’s time allotted to this matter limited.’ This decision provides important clarification as to the scope of the fixed costs regime (FCR) at CPR Part …

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Part 36 Offers: Looking for explicit instructions

Melanie Homersham investigates entitlement to indemnity costs after the late acceptance of a Part 36 offer ‘It is important to note there is no automatic entitlement to costs on the indemnity basis if a paying party accepts the claimant’s Part 36 offer after the 21-day period and there has been no judgment.’ One of the …

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Personal Injury Protocols: Sticking to the rules

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Brian Dempsey examines the rigid application of the fixed recoverable fees regime ‘The Court of Appeal has been consistently clear that the certainty provided by the careful scheme of fixed costs in CPR 45 would be undermined if the court was to apply the discretion provided by CPR 44 to decide whether to allow or …

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Costs: Last minute decisions

Paul Jones offers insight into the recent cases that deal with Part 36 offers and fixed costs ‘On the question of whether the costs should be standard or indemnity basis, the defendant’s position was that the court should only order costs on the indemnity basis as a form of punishment for inappropriate conduct that merited …

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Pre-Action Disclosure: In a fix

Marcus Coates-Walker describes Sharp v Leeds CC where it was decided that fixed costs apply to the costs of a PAD application in ex-protocol cases ‘The starting point in these cases is to limit the recovery of costs to the fixed rates, subject only to a very small category of clearly stated exceptions.’ In the …

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Clinical Negligence: A mixed bag

Tom Semple considers the Department of Health’s latest revision to its proposal to introduce fixed recoverable costs in clinical negligence cases ‘In many respects, the new proposal is a significant victory for claimants. The most obvious being that medium to high-value claims do not look like they will be subjected to fixed costs in the …

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Costs: Area of uncertainty

Paul Jones explains the interrelationship between the capped costs of provisional assessment and Part 36 offers ‘The master assessing the costs had found that the cap in CPR 47.15 trumped the right to indemnity costs in 36.17 and it was this decision that the appeal court had to consider.’ One of Lord Justice Jackson’s reforms …

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Costs: Fixed costs or not fixed costs?

Paul Jones explains the importance of a recent conjoined appeal regarding Part 36 offers ‘A claimant who made a Part 36 offer which they later bettered was entitled to indemnity basis costs for the period after expiry of the relevant period and this was not limited in any way by reference to the fixed costs …

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