header-logo header-logo

11 December 2019 / Matthew Hoe
Issue: 7868 / Categories: Features , Costs
printer mail-detail

Part 36: fixed or not fixed?

13018
Matthew Hoe provides some clarity over the latest Part 36 conundrum on fixed costs

Lai Ho v Adelekun [2019] EWCA Civ 1988 is the latest—alas, unsuccessful—attempt to get out of fixed costs in a personal injury claim. The Court of Appeal held, back in 2011, that it was possible in principle for parties to contract out of fixed costs. In Adelekun, the Court of Appeal considered specific circumstances in which the parties disagreed on whether they had contracted out of fixed costs under CPR 45 Section IIIA, which covers low value claims that have left the RTA or EL/PL (employers’ liability and public liability) Protocols or fall under the Package Travel Claims Protocol. On the facts, the court held that the parties had not contracted out of fixed costs, but the judgment contains salutary dicta for the future settlement of such claims.

The claim settled by way of Part 36, and the appeal turned on the wording of the offer. The defendant made the offer, using probably template

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll