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09 September 2016
Issue: 7713 / Categories: Case law , Judicial line , In Court
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Low but multi

Where a low value road traffic personal injury claim exits the protocol with a CPR Part 7 claim which is allocated to the multi-track, do fixed recoverable costs apply?

If the exit was for a reason associated with the claimant’s default within CPR 45.24 (for example, acting unreasonably by exiting) then the defendant’s costs liability may be limited to fixed costs and allowable disbursements. Subject to this, while there is a fixed costs regime in place, it only applies to claims for no more than £25,000. Therefore, if the complexion of the claim has changed and it has been allocated to the multi-track on value grounds (over £25,000) then costs will be at large and the usual discretion will apply although an attempt could be made at the costs budgeting stage to limit the costs to fixed costs. If, however, the claim is for under £25,000 but has been allocated to the multi-track because of some complexity or allegation of fraud, we consider it is highly arguable that the fixed costs regime is still capable

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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