header-logo header-logo

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

In a fix

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll