08 September 2023
Former district judge Stephen Gold takes us through ways in which to avoid the fixed recoverable costs regime, due to come into force on 1 October, in this week’s 'Civil way'.
For example, fixed costs could be avoided where non-monetary relief is sought and the lawyer can persuade the judge to use their discretion on ‘interests of justice’ grounds. He lists the types of cases where exclusions apply, for example, certain clinical negligence claims where both breach and causation have been admitted.
Gold helpfully explores various scenarios which may help lawyer and client escape the new regime. He also covers a rise in the special account rate, recent guidance from the president of the Family Division, new guidance for attorneys and deputies on vaccinations for those who lack mental capacity to consent, and more.
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