![Ferri v Gill [2019] EWHC 952 (QB) (17 April 2019)](https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/04/Ferri-v-Gill-2019-EWHC-952-QB-17-April-2019-.jpg?resize=180%2C180&ssl=1)
The setting of the policy reasons reiterated in the Fixed Costs regimes cases cited earlier in this judgment, while allowing for “exceptional circumstances” to depart from that regime, require a more strict, not a “low bar”, approach.
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.
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
A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants’ costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.
