Extended Fixed Costs – One Step Closer

The Rules Committee have published details of the pilot scheme for the extension of fixed recoverable costs. What do we know? It has been a long time coming, but today we are a step closer to a considerably extended fixed costs regime, covering claims worth up to £250,000.00. The Gazette reports that papers from the…

The Consequence of Incorrectly Framing an Offer

The importance of correctly framing offers is highlighted in a recent personal injury matter involving faulty work equipment, dealt with by our Solicitor/Senior Costs Draftsman Christopher Knibb. The claim involved a defective lorry trailer in which the curtain locking mechanism, which should have been welded to the frame, had broken, allowing for the tension bar…

More Satellite Litigation Over the RTA Protocol

In theory the RTA protocol provides a straightforward process by which low value RTA claims can be resolved, including the payment of fixed costs. However, this latest decision shows how easily satellite litigation regarding the process, and particularly payment of costs, can arise. In Bates and Anr v Bourne and Anr (unreported), District Judge Baldwin sitting as the Regional…

What Constitutes Unreasonable Behaviour?

Dammermann v Lanyon Bowdler Solicitors [2017] EWCA Civ 269 A case which clarifies the circumstance required to establish that a party has acted unreasonably on the Small Claims Track, thereby incurring a costs liability Subject to certain exceptions, the standard position when a claim is allocated to the small claims track is that ‘the court…