Legal Cost Specialists

fixed fees

Fixed recoverable costs, capped costs and litigants in person

The major extension of Fixed Recoverable Costs has left two areas where the recoverable costs are capped rather than fixed: For non-personal injury cases suitable for the Intermediate Track which settle “from pre-issue up to and including the date of service of the defence” (CPR 45.50(3)). Cases where the receiving party is a litigant in …

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Do solicitors need to time record with fixed recoverable costs?

The Government’s report Extending Fixed Recoverable Costs in Civil Cases noted one of the benefits of extending fixed recoverable costs, including applying a fixed % uplift on the fixed costs if a party succeeds on a Part 36 offer (rather than allowing indemnity costs), was that this would avoid the need for the “keeping of …

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Fixed Recoverable Costs transitional provisions

The transitional provisions concerning the new rules relating to Fixed Recoverable Costs appear to contain a fairly obvious and significant drafting error. s1(1) of The Civil Procedure (Amendment No. 2) Rules 2023 provides: “These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2023 and come into force on 1st October 2023, …

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Massive extension of fixed costs announced

The Ministry of Justice (MoJ) has announced its intention to implement Sir Rupert Jackson’s proposals for extending fixed recoverable costs to most cases worth up to £100,000. However, rather than introducing a new intermediate track for cases worth £25,000 to £100,000, as Sir Rupert had suggested, it proposes extending the fast-track to claims worth up …

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