header-logo header-logo

Cutting costs when costs are fixed

15 January 2018 / David Wright
Issue: 7778 / Categories: Features , Procedure & practice , Costs
printer mail-detail
nlj_7778_wright

David Wright on escaping from the fixed costs regime

  • The quest to escape limitations on costs recovery has produced an abundance of case law.

Since the expansion of the various fixed costs regimes in 2013, the quest of receiving parties to escape limitations on costs recovery has produced an abundance of case law, particularly in the lower courts.

One often cited is the decision of regional costs judge Besford in the case of Sutherland v Khan (2016). In that case it was successfully argued that a defendant accepting a Pt 36 offer out of time would be liable to pay the claimant's standard basis costs from the date of its expiry, unconstrained by the fixed costs regime.

Whalley v Advantage Insurance

For a time, Sutherland v Khan proved to be a useful avenue for claimants, until DJ Besford was asked to revisit the issue in the recent case of Whalley v Advantage Insurance [2017]. The case involved a road traffic accident

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Moore Barlow—Jess Ready & Natasha Jones

Moore Barlow—Jess Ready & Natasha Jones

Commercial property and corporate teams expand in Southampton

Watershed—Rob Elliott

Watershed—Rob Elliott

Employment firm expands capability with experienced hire

Devonshires—Aoife Murphy & Mandeep Sahota

Devonshires—Aoife Murphy & Mandeep Sahota

Housing management and property litigation team bolstered by partner hires

NEWS
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
The long-awaited Getty Images v Stability AI judgment arrived at the end of last year—but not with the seismic impact many expected. In this week's issue of NLJ, experts from Arnold & Porter dissect a ruling that is ‘historic’ yet tightly confined
back-to-top-scroll