Sharp v Leeds City Council [2017] EWCA Civ 33 – Law Journals

Indemnity costs: Presume nothing

Andrew Post QC and Imran Benson look at how there is no presumption in favour of indemnity costs on late acceptance of a Part 36 offer ‘The only way out of the fixed-costs regime in such a case is to argue under Part 45.29J that there are exceptional circumstances making it appropriate for the claimant …

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Pre-action disclosure applications: Much accrued about nothing

Are claimants entitled to advocate‘s costs when no advocacy has occurred? Thomas Herbert reviews conflicting case law ‘Where the defendant consents to the substantive application, and also accepts that it must pay the claimant‘s costs (ie where there is no need for any advocacy), is the claimant still entitled to half the Type B costs?‘ …

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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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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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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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