Legal Cost Specialists

Author name: Simon Gibbs

Defendants arguing fixed costs do not apply

There was a recent article in the online Costs Lawyer Journal concerning the new Fixed Recoverable Costs regime and how it applies to cases involving non-personal injury claims, specifically those that settle pre-issue but after 1 October 2023. The article records how some defendants are apparently arguing “that, absent an agreement to pay specific costs, […]

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Transitional provisions for increases to Fixed Recoverable Costs

The Fixed Recoverable Costs (FRC) figures will be increased from 6th April 2024 to allow for inflation. The increases are based on the Services Producer Price Index for the period between January 2023 and October 2023. What transitional provisions govern this? Currently, CPR 45.1(8) provides: “A reference in any rule to an amount in a

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Trial Advocacy Fee – Fixed Recoverable Costs

The idea of fixed trial costs for the advocate (usually counsel) was well established before the extension of the Fixed Recoverable Costs regime. In the fast track, there were fixed amounts for “an advocate for preparing for and appearing at the trial”. Actual “appearance” was therefore required. Nothing would be recovered if the claim settled

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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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