Kerry Underwood

FIXED COSTS WHERE LISTED FOR TRIAL AT ALLOCATION

with 3 comments


What fixed costs are payable where, on allocation, or shortly after, the court gives directions through to trial, including listing the matter for trial and giving a trial date?

 

Thus the matter moves from being in the first post-issue stage of   Issued – Post-Issue Pre-Allocation straight through to the third stage of  IssuedPost-Listing Pre-Trial  without ever being in the second  stage of  Issued – PostAllocation Pre-Listing.

 

Thus on the face of it the defendant loses the chance of settling the claim in that second phase as the matter has already been listed for trial.

 

It makes a significant difference in costs :

 

RTA                 £775

EL                     £930 plus 5% of damages

PL                     £725 plus 5% of damages

 

It also obviously makes the jump between costs on a case settled pre-allocation and one settled post allocation much greater. The figures become:

 

RTA                 £1,495

EL                    £1,950 plus 10% of damages

PL                    £1,340 plus 10% of damages

 

A number of courts are following this procedure, and indeed it makes perfect sense.

 

It has been suggested that the pre-trial checklist could be used as the trigger point for the third and final phase of pre-trial costs and that prior to that it will be in the second phase.

 

I do not think that that is correct – if the matter has been listed then it is post-listing, whether or not a pre-trial checklist has been done.

 

In any event many courts are dispensing with pre-trial checklists.

 

It is hoped that the Court of Appeal may give some obiter guidance on this point when it considers the disposal hearing issue in the case of Bird v Acorn Group Ltd on 19 and 20 October 2016.

 

I am grateful to Will Balfry in relation to this matter.

 

The table of fixed costs appears at page 154 of my course notes.

 

I deal with this in my new book – Kerry on… Personal Injury Small Claims, Portals and Fixed Costs. To order one click here .

 

Please also see my blogs – Disposal Hearings: Which Fixed Costs are Payable? & Advocacy Fees in Fixed Costs Cases & Fixed Costs, All the Portals and Fixed Recoverable Costs.

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Written by kerryunderwood

June 21, 2016 at 6:58 am

Posted in Uncategorized

3 Responses

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  1. […] also see my other blogs:-  Fixed Costs where Listed for Trial at Allocation, Disposal Hearings: Which Fixed Costs are Payable?,  Advocacy Fees in Fixed Costs Cases & […]

  2. […] FIXED COSTS WHERE LISTED FOR TRIAL AT ALLOCATION […]

  3. […] FIXED COSTS WHERE LISTED FOR TRIAL AT ALLOCATION […]


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