FIXED COSTS WHERE LISTED FOR TRIAL AT ALLOCATION
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 Issued – Post-Listing Pre-Trial without ever being in the second stage of Issued – Post–Allocation 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 :
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:
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 .