Assessment: Stay on track with costs

Shilpa Shah examines the difficult relationship between allocation and costs recovery ‘It was contended that the court should assess costs at the level allowed by reference to the small claims track provisions.’ While one of the aims of allocation was to enable the principle of proportionality to be dovetailed into the costs rules appropriate for …
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Road Traffic Accidents: When is a small claim not a small claim?

Paul Jones considers the latest Predictable Costs case ‘Where a claimant has issued proceedings prematurely, possibly with a view to avoiding being limited to Small Claims Fixed Costs, they may assess their Standard Basis costs at a sum equivalent to the costs that would have been payable on the Small Claims Track. This way, the …
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Costs: A distinction without a difference

Paul Jones reviews a recent case that emphasises the discretion judges have when dealing with costs ‘Where a court considers that a party has acted unreasonably and, by virtue of that unreasonable conduct, has obtained a costs order on the standard basis rather than the more prescriptive fixed costs, the court can assess the costs …
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