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 wording which is common across the profession. The defendant proposed

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll