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

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