header-logo header-logo

In a fix

27 September 2013 / Patrick Allen
Issue: 7577 / Categories: Features , Personal injury
printer mail-detail
200544524-001

Escape from fixed costs in the fast track will prove difficult, says Patrick Allen

Fixed costs in the fast track have finally arrived. The rules are found at CPR45.29 A-L. From 1 August personal injury claims worth up to £25,000 must enter the portal. If they then exit the portal eg because liability is not admitted, they become subject to a fixed cost regime where the amount depends on the stage at which settlement is reached, the damages and the case type. This applies to causes of action occurring after 31 July 2013.

Fears realised

Fast track fixed costs have been threatened for the last 15 years and resisted for good reason by claimant lawyers because they feared:

  • Once fixed they would never go up again.
  • They would be fixed too low.
  • Escape would be all but impossible.
  • The amount of work needed would depend largely on complexity and the defendants’ conduct of the case.

All these fears are now realised.

The process of arriving at the level of fixed costs was

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
back-to-top-scroll