The indemnity principle does not apply in relation to fixed recoverable costs (as per Butt v Nizami [2006] EWHC 159 (QB)). This has become increasingly important with the extension of fixed recoverable costs from 1 October 2023. In the past, the importance of this was often in the context of considering whether there was an …
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 …
Fixed recoverable costs, capped costs and litigants in person Read More »
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 …
Do solicitors need to time record with fixed recoverable costs? Read More »
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, …
With the very large extension of fixed recoverable costs for civil litigation from 1 October 2023, many solicitors will be considering whether their charges to their client should mirror the amount of the fixed recoverable costs (perhaps with a success fee if the matter is being dealt with on a CFA basis). An interesting issue …
Webinar on the implementation in October 2023 of the new Fixed Recoverable Costs scheme from Paul Hughes and Andrew Hogan at Kings Chambers.
Very interesting webinar from costs counsel Andrew Hogan and Paul Hughes on the upcoming fixed costs extension.
The Ministry of Justice (MoJ) recently announced that it intends the extension of fixed recoverable costs in most money cases worth up to £100,000 to come into force from October 2022. This is, of course, subject to the Civil Procedure Rule Committee redrafting CPR 45 in time. This itself is a significant undertaking, particularly as …
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 …
Hailsham Chambers has reported on the Court of Appeal decision in the appeal of Hislop v Perde [2018] EWCA Civ 1726. This concerns the correct approach where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period. Many claimants have argued that the claimant should be entitled to recover indemnity …
