Entries by Toby Moreton
Late Acceptance Of A Claimant‘s Part 36 Offer In The Fixed Costs Regime
In cases subject to the fixed costs regime in Section IIIA of Part 45, where a defendant accepts a claimant’s Part 36 offer many months after it was made, and the case does not then go on to trial, the case remains within the fixed costs regime and (save in exceptional circumstances) neither indemnity nor standard basis costs apply.
Miscertification Of A Costs Budget, Success Fees, Hourly Rates And ‘Good Reason To Depart’
Master Rowley tackles a number preliminary points in a detailed assessment arising from a complex clinical negligence claim, including an alleged mis-certification of the claimant’s budget giving rise to an application under CPR 44.11, level of success fee and hourly rates and ‘good reason to depart’.