West v Burton

Fixed Costs Under CPR 45 | Which Section Applies If The Claimant Dies?

Where a person gives notification of a claim under the Protocol but thereafter dies before its conclusion and the notified claim then settles on behalf his Estate pre-issue, are the costs and disbursements payable by the defendant to be calculated by reference to Section IIIA (or III) of CPR 45? Or are they to be calculated by reference to the generally more favourable Section II of CPR 45?

fixed costs

Late Acceptance Of A Claimant‘s Part 36 Offer In The Fixed Costs Regime

In cases subject to the fixed costs regime in Section IIIA of Part 45, where a defendant accepts a claimant’s Part 36 offer many months after it was made, and the case does not then go on to trial, the case remains within the fixed costs regime and (save in exceptional circumstances) neither indemnity nor standard basis costs apply.

High Court

Court of Appeal clarifies amount of fixed costs payable where case settles ahead of a disposal hearing

Briggs LJ decides that cases which commence under the RTA and EL/PL protocols and settle prior to a disposal hearing attract the most generous fixed costs regime