CAN COURT ALLOCATE TO SMALL CLAIMS TRACK AFTER TRIAL?
May a judge re-allocate a case to the small claims track after having given judgment?
That is precisely what happened in Newport County Court recently.
There were two claimants in a fixed costs personal injury case and they won at trial.
The trial judge accepted that each was entitled to fixed recoverable costs, that is in principle there would be two sets of preparation costs and two sets of advocacy fees, even though only one advocate appeared at trial.
I deal with this general issue in my blog – Advocacy Fees in Fixed Costs Cases.
However one of the claimants was awarded just £200.00.
The judge, apparently accepting that there would have to be two sets of fees if the matter remained in the fixed costs regime, reallocated the matter to the small claims track after having given judgment.
He then awarded fixed costs of £80.00 being the appropriate…
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