Case report: Ho v Adelekun [2019] EWCA Civ 1988

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | February 2020 #182
Contracting out of fixed costs; Part 36 offers; RTA Protocol ‘This decision provides welcome clarity as to the limited circumstances in which fixed costs will be disapplied by implication.’ This case concerned the application of the fixed costs regime for ex-Protocol cases at sIIIA of CPR Part 45, following acceptance of an ostensible Part 36 …

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Costs: Truly exceptional

QM Legal Costs | Personal Injury Law Journal | June 2019 #176
Paul Jones outlines when a claim can escape the fixed costs regime ‘The key issue to be addressed was whether the Master had applied the correct legal test in determining whether the case should attract greater than fixed costs.’ The perennial argument in many current costs disputes is whether a case should attract fixed costs …

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Part 36: An offer you can’t refuse

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | December 2018/January 2019 #171
James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …

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