Ferri v Gill [2019] EWHC 952 (QB) (17 April 2019)

Master Wrong To Set “low bar” To Escaping Fixed Costs

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.

s68(2) Solicitors Act 1974

Master Leonard decides an application for delivery of a bill under s68(2) in a fixed costs RTA case

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 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

fixed cost

Fixed Costs v The Standard Basis

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.