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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll