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.
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 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.
