The court considered the effect of negotiations on costs claims: ‘Changes were made to the Rules of Court. Some of these changes, and in particular the provisions of Sections II to V of CPR45, were introduced following ‘industry wide’ discussions under the aegis of the Civil Justice Council. Agreement was reached on the recoverable costs in the different situations covered by the various sections.
It seems to me clear that the intention underlying CPR 45.7-14 was to provide an agreed scheme of recovery which was certain and easily calculated. This was done by providing fixed levels of remuneration which might over-reward in some cases and under-reward in others, but which were regarded as fair when taken as a whole.’
Judges:
Simon J
Citations:
[2006] 2 All ER 140, [2006] EWHC 159 (QB), [2006] 1 WLR 3307
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Approved – Lamont v Burton CA 9-May-2007
The defendant had settled the claim for damages for personal injury. His payment in had been rejected, but the claimant won a smaller sum at trial. He now argued that the claimant should not receive the full 100% costs uplift provided.
Held: . .
Cited – Kilby v Gawith CA 19-May-2008
No discretion for refusal of costs
The court was asked whether it has a discretion under Rule 45.11(1) whether or not to award a claimant, who has entered into a conditional fee agreement with his solicitor, the fixed success fee of 12.5%.
Held: The court had no discretion to . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 05 July 2022; Ref: scu.238552