The County Court at Central London recently 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, departing from the
first instance decision.
Background:
The claim was made following a road traffic collision.
Proceedings were issued, and the claim was allocated to the fast
track. An application to reallocate the claim to the multi-track
was made. Prior to the application being heard, the Defendant made
an offer of settlement, also indicating they consented to the
application.
The Claimant accepted the Defendant's Part 36 offer of
£30,000. The Tomlin Order approved by the Court stated:
"The defendant do pay the reasonable costs of the
claimant on the standard basis [emphasis added] to be the
subject of detailed assessment if not agreed".
