Author name: Simon Gibbs

The Civil Procedure Rule Committee’s decision to refuse to admit they made a drafting error in relation to the transitional provisions concerning Fixed Recoverable Costs for non-personal injury claims is regrettable. Not only is it likely to generate unnecessary satellite litigation due to the uncertainty it has created, it is also likely to generate unnecessary […]

Under the new Fixed Recoverable Costs regime, there are various exceptions where the court may allow an amount greater than the specified fixed costs. In particular: The Court may consider a claim for an amount of costs which is greater than the fixed recoverable costs where there are “exceptional circumstances” (CPR 45.9(1)). CPR 45.10(1) allows

CPR 45.4 governs the costs payable to a litigant in person where it is a matter which would otherwise be subject to fixed recoverable costs (i.e. costs under Section VI, Section VII or Section VIII of Part 45). In this situation, costs will be paid according to CPR 46.5 with certain variations: Where a party

I have previously written about the discrepancy between the Fixed Recoverable Costs a claimant and a defendant may recover for the same period. This is as a consequence of a combination of CPR 45.45(1)(a)(iv), CPR 45.50(2)(b)(iv) CPR 45.6(2) and (3). A claimant’s costs are set by reference to the damages agreed/awarded. That is what CPR

Acceptance of a Part 36 offer creates a deemed order for costs. Right? Not necessarily. So far as relevant: CPR 44.9 “(1) Subject to paragraph (2), where a right to costs arises under –  … (b) rule 36.13(1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted); … a costs order