How Should Costs Arguments Be Resolved In Low Value Protocol Claims?

Following the introduction of the Low Value Protocols, in which costs are fixed for claims proceeding within the Portal process and for claims falling from the Protocols, how should disputes over the amount of fixed costs be resolved? Should the receiving parties prepare bills of costs and commence detailed assessment proceedings?

This question was considered by District Judge Lethem, sitting in the County Court at Central London in Ivanov v Lubbe, the judgment in which was handed down on 17 January 2020.

The Claimant had accepted a Part 36 offer made by the Defendant and, as there was a dispute over whether a disbursement fee was payable by the Defendant, the Claimant commenced detailed assessment proceedings.