header-logo header-logo

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

Cutting costs when costs are fixed

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll