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Part 36 indemnity costs prevail over “fixed costs”


James Laughland acted for the Defendants

The Court of Appeal today gave judgment to resolve the tension between the provisions in Part 45 limiting low value personal injury RTA, EL & PL cases to fixed costs with the provisions in Part 36 providing for an order for indemnity costs where a Claimant obtains judgment better than the Claimant’s own Part 36 offer. The Court of Appeal determined that in such circumstances fixed costs cease to limit the amount of recoverable costs allowable to the Claimant after expiry of the relevant period for acceptance of the Claimant’s Part 36 offer. The judgment may be accessed here.

James Laughland acted for the Defendants in these two appeals.

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James Laughland

Call 1991

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