The Court of Appeal has overturned a decision which held that
fixed costs did not apply to a case where a consent order had
stated that costs were to be assessed on the standard basis. The
Court agreed with the first instance decision that the fixed costs
regime should apply, as the case remained in the fast track at the
time of settlement.
Background
This road traffic injury claim was allocated to the fast track.
An application to re-allocate the claim to the multi-track due to
an increase in the value of the claim was outstanding when the
Defendant made a Part 36 offer of settlement by letter ("the
offer letter"). In a subsequent email, the Defendant consented
to the re-allocation.
