A recent post commented on problems with the drafting of the transitional provisions concerning Fixed Recoverable Costs. The latest Minutes from the Civil Procedure Rules Committee recognises this issue: “It was NOTED that a recent article had given rise to a concern in relation to the transitional provisions within the amending statutory instrument (SI) and […]
Transitional provisions for non-PI Fixed Recoverable Costs Read More »
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
Fixed costs and the indemnity principle Read More »
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,
Fixed Recoverable Costs transitional provisions Read More »
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
Fixed recoverable costs and DBAs Read More »
Webinar on the implementation in October 2023 of the new Fixed Recoverable Costs scheme from Paul Hughes and Andrew Hogan at Kings Chambers.
Fixed Recoverable Costs webinar Read More »
Very interesting webinar from costs counsel Andrew Hogan and Paul Hughes on the upcoming fixed costs extension.
Fixed Costs Webinar Read More »
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
Extension of fixed costs Read More »
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
Massive extension of fixed costs announced Read More »
