A short reminder that the Court of Appeal ruled, back in February of this year, that a Claimant who beats its own Part 36 offer is entitled to more than just fixed costs (Broadhurst & Anor v Tan & Anor refers).

In light of this decision the need to prepare a realistic Part 36 offer cannot be emphasised enough.  The effect upon recovery of costs for the Claimant solicitor is significant. If you have any costs that fall outside the fixed fee regime and require assistance in recovering the same, contact Aestima immediately.

Equally this applies to the fixed costs which are ordinarily payable on provisional assessment under CPR 47.15.

Dis-applying fixed percentage increased on CFA’s pre 1st April 2013.

Practitioners are reminded that pursuant to CPR 45.18 an application can be made for an alternative percentage increase where the fixed increase is 12.5% in RTA matters. The making of such an application is considered best at trial but can be made on detailed assessment. To understand the grounds for making such an application, or assistance in drafting the same, please contact Aestima.