Escaping Fixed Costs

This presentation provides a quick overview of the application of fixed costs in personal injury matters and the steps that can be taken to disapply fixed costs.

All personal injury litigators must be aware of costs throughout the life of the claims they bring. There are considerations that can be made at the beginning, middle and when settling a claim that can have a significant impact on whether fixed costs apply to the claim and ultimately influence whether a claim is run profitably.

The presentation will touch upon recent case law including Doyle v M&D Foundations which provided the interpretation and consequences of including the phrase ‘costs to be subject to detailed assessment’ within Consent Orders.

It will also cover other relevant case law including what defines ‘exceptional circumstances’ under CPR 45.29J and covers cases where exceptional circumstances have been found.

Finally, it will briefly touch upon the proposed extension of the Fixed Recoverable Costs regime to cover most claims up to the value of £100,000.00.

Have a question? If you have any comments or feedback on this content, please get in touch.

For more information from Paramount Legal Costs, visit their partner profile by clicking the logo to the side of this video.

Learning objectives:

• When Fixed Costs Apply
• How Fixed Recoverable Costs can be disapplied during the claim
• How Fixed Recoverable Costs can be disapplied upon settlement
• How Fixed Costs can be disapplied through CPR 45.29J