fixed fees

Fixed costs where Defendant’s Part 36 offer accepted late

There is stiff competition as to which part of the new(ish) rules concerning Fixed Recoverable Costs (FRC) have been most poorly drafted. Nevertheless, it would be difficult to find a more confusing set of provisions than those surrounding late acceptance of a defendant’s Part 36 offer. The problems stem from the way the basic rules […]

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Transitional provisions for Fixed Recoverable Costs (again)

This blog has looked many times at the drafting error in The Civil Procedure (Amendment No. 2) Rules 2023 concerning the transitional provisions and Fixed Recoverable Costs. These state that the new rules “only apply to a claim where proceedings are issued on or after 1st October 2023”. This is despite the fact they are clearly

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Fixed fee transitional provisions for non-personal injury claims

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

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Defendant’s fixed costs when Part 36 offer accepted late

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

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