Legal Cost Specialists

fixed fees

Can defendants recover costs if a claim settles pre-issue?

Does the extension of Fixed Recoverable Costs enable defendants to recover their costs if a matter settles pre-issue? There are certainly a number of commentators who have suggested that this is indeed the case. If correct, this would mean that the mere act of sending a letter of claim might trigger an entitlement for the […]

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Fixed Recoverable Costs and Unreasonable Behaviour

Traditionally, a party in whose favour a costs order was made could seek those costs on the indemnity basis where the other party had behaved unreasonably during the litigation. In fixed costs matters, a party could seek to escape the fixed costs regime by showing there were “’exceptional circumstances”, which would most commonly be unreasonable

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Defendant’s Fixed Costs where no amount specified in claim form

An earlier post looked at the Fixed Recoverable Costs for defendants being based on the “the amount specified in the claim form, without taking into account any deduction for contributory negligence, but excluding – (i) any amount not in dispute; (ii) interest; or (iii) costs” (CPR 45.6(2) and (3)). What about where the claim form

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Fixed Costs where settlement pre-assignment to Complexity Band

There is no doubt that the rules allow a court on detailed assessment to limit a party’s recoverable costs to those that would have been applicable to a particular track even if the matter settled pre-allocation. That is what CPR 46.13(3) expressly provides for: “Where the court is assessing costs on the standard basis of

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Transitional provisions for non-PI Fixed Recoverable Costs

A recent post commented on problems with the drafting of the transitional provisions concerning Fixed Recoverable Costs. The latest Minutes from the Civil Procedure Rules Committee recognises this issue: “It was NOTED that a recent article had given rise to a concern in relation to the transitional provisions within the amending statutory instrument (SI) and

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