header-logo header-logo

27 August 2015 / Andrew Lawson
Issue: 7670 / Categories: Features , Procedure & practice , Costs , CPR , Budgeting
printer mail-detail

Mixed messages

web_lawson

Andrew Lawson highlights the ambiguity surrounding the wording of the new fixed recoverable costs regime

One might have thought with the intense scrutiny that has been brought to bear upon the proportionality of costs in civil litigation over recent years, that the relevant civil procedure rules would be drafted in such a way so as to remove ambiguity, and the new fixed recoverable costs (FRC) regime of CPR 45.29A, would be a shining example of certainty. You would be wrong. Fedinas & others v Fayaq & Octagon Insurance (18 June 2015, unreported) is the first decision of which I am aware, where the defendants have argued that despite the case being allocated to the multi-track, the regime of FRC still applies. The defendants sought a declaration to that effect which the court has now rejected.

The issue: How can CPR 45.29A and B (FRC) apply to a multi-track case?

Background

In a low-value multi-track case, proceeding in the Leeds County Court,

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: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll