header-logo header-logo

In a fix

27 September 2013 / Patrick Allen
Issue: 7577 / Categories: Features , Personal injury
printer mail-detail
200544524-001

Escape from fixed costs in the fast track will prove difficult, says Patrick Allen

Fixed costs in the fast track have finally arrived. The rules are found at CPR45.29 A-L. From 1 August personal injury claims worth up to £25,000 must enter the portal. If they then exit the portal eg because liability is not admitted, they become subject to a fixed cost regime where the amount depends on the stage at which settlement is reached, the damages and the case type. This applies to causes of action occurring after 31 July 2013.

Fears realised

Fast track fixed costs have been threatened for the last 15 years and resisted for good reason by claimant lawyers because they feared:

  • Once fixed they would never go up again.
  • They would be fixed too low.
  • Escape would be all but impossible.
  • The amount of work needed would depend largely on complexity and the defendants’ conduct of the case.

All these fears are now realised.

The process of arriving at the level of fixed costs was

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll