header-logo header-logo

27 September 2013 / Patrick Allen
Issue: 7577 / Categories: Features , Personal injury
printer mail-detail

In a fix

200544524-001

Escape from fixed costs in the fast track will prove difficult, says Patrick Allen

Fixed costs in the fast track have finally arrived. The rules are found at CPR45.29 A-L. From 1 August personal injury claims worth up to £25,000 must enter the portal. If they then exit the portal eg because liability is not admitted, they become subject to a fixed cost regime where the amount depends on the stage at which settlement is reached, the damages and the case type. This applies to causes of action occurring after 31 July 2013.

Fears realised

Fast track fixed costs have been threatened for the last 15 years and resisted for good reason by claimant lawyers because they feared:

  • Once fixed they would never go up again.
  • They would be fixed too low.
  • Escape would be all but impossible.
  • The amount of work needed would depend largely on complexity and the defendants’ conduct of the case.

All these fears are now realised.

The process of arriving at the level of fixed costs was tortuous. Professor Fenn was put to work on data and

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll