The transitional provisions concerning the new fixed costs regime are less than straightforward to follow, not least because of the defective drafting. When struggling to follow something like this, I like to try to visualise it with, if possible, a flowchart. This is what I have attempted here. To be clear, this is what I […]
Transitional provisions for fixed costs Read More »
Costs webinar from Kings Chambers’ Andrew Hogan and Craig Ralph discussing current issues in personal injury costs including fixed costs, hourly rates, medical agency fees and developments in QOCS.
Personal Injury Costs Webinar 2024 Read More »
Are parties free to contract out of Fixed Recoverable Costs (FRC) if a case would otherwise be subject to the regime? As currently drafted, it appears not. CPR 45.1(3) states: “Where— a claim is one to which Section IV, Section VI, Section VII or Section VIII of this Part applies; and the parties agree or
Contracting out of fixed recoverable costs Read More »
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,
Defendants arguing fixed costs do not apply Read More »
A previous post examined the increases to the Fixed Recoverable Costs (FRC) figures which will come into force from 6th April 2024. Although the relevant transitional provisions are clearly confusing, the intention appear to be: Where an order for costs is made before 6th April 2024, the FRC will be those in place at the
Fixed fee increase – Why settle now? Read More »
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
Transitional provisions for increases to Fixed Recoverable Costs Read More »
There are some odd comments in the judgment in Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) : “The Defendants … say the Claimants accepted the Defendants’ incurred costs were reasonable in the Precedent R. … The Claimants dispute the second point, but it
Incurred costs in costs budget Read More »
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
Trial Advocacy Fee – Fixed Recoverable Costs Read More »
The latest amendments to the civil procedure rules have now been published: The Civil Procedure (Amendment) Rules 2024 The 163rd Practice Direction (PD) Update The majority of changes come into force on 6 April 2024. There is no amendment to cure the defective transitional provisions relating to Fixed Recoverable Costs because the Civil Procedure Rule
Updates to civil procedure rules Read More »
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
Can defendants recover costs if a claim settles pre-issue? Read More »
