header-logo header-logo

Mixed messages

27 August 2015 / Andrew Lawson
Issue: 7670 / Categories: Features , Procedure & practice , Costs , CPR , Budgeting
printer mail-detail
web_lawson

Andrew Lawson highlights the ambiguity surrounding the wording of the new fixed recoverable costs regime

One might have thought with the intense scrutiny that has been brought to bear upon the proportionality of costs in civil litigation over recent years, that the relevant civil procedure rules would be drafted in such a way so as to remove ambiguity, and the new fixed recoverable costs (FRC) regime of CPR 45.29A, would be a shining example of certainty. You would be wrong. Fedinas & others v Fayaq & Octagon Insurance (18 June 2015, unreported) is the first decision of which I am aware, where the defendants have argued that despite the case being allocated to the multi-track, the regime of FRC still applies. The defendants sought a declaration to that effect which the court has now rejected.

The issue: How can CPR 45.29A and B (FRC) apply to a multi-track case?

Background

In a low-value multi-track case, proceeding in the Leeds County Court,

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll