Broadhurst & anor v Tan & anor [2016] EWCA Civ 94

Case report: Ho v Adelekun [2019] EWCA Civ 1988

Contracting out of fixed costs; Part 36 offers; RTA Protocol ‘This decision provides welcome clarity as to the limited circumstances in which fixed costs will be disapplied by implication.’ This case concerned the application of the fixed costs regime for ex-Protocol cases at sIIIA of CPR Part 45, following acceptance of an ostensible Part 36 …

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Part 36: An offer you can’t refuse

James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …

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Indemnity costs: Presume nothing

Andrew Post QC and Imran Benson look at how there is no presumption in favour of indemnity costs on late acceptance of a Part 36 offer ‘The only way out of the fixed-costs regime in such a case is to argue under Part 45.29J that there are exceptional circumstances making it appropriate for the claimant …

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Costs: Provisional assessment – capped or fixed costs?

Paul Jones investigates a recent Court of Appeal decision which reaffirms that the cap on costs of provisional assessment continues to apply even when the receiving party has beaten their own offer ‘Capped costs were not the same as fixed costs: they were merely assessed costs capped at a certain level and, therefore, there was …

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