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.
