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

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll