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13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
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Costs

Briscoe v Tilt [2012] All ER (D) 09 (Jul)

CPR Pt 45, s II, ought to apply to a broad category of cases. It was not just the easiest of cases that fell within the fixed recoverable costs regime. It was broadly all cases which settled pre-issue, including sometimes cases which required the approval of the court. Fixed costs applied there even though extra work was required of the solicitor. With regard to the test of exceptional, unusualness by itself was not enough. There had to be a circumstance which was exceptional enough to make it reasonably arguable that the claimant should not be held to the fixed recoverable costs regime. Most road traffic cases not exceeding £10,000 which settled pre-issue ought to be swept up.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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