Fixed Costs Update
While most current news concerning fixed costs seems to surround the delayed implementation of wide-ranging changes to the fixed costs rules, there has also been a couple of notable recent county court decisions in relation to costs recovery in fixed costs matters which practitioners should be aware of.
No Two Bites of the Provisional Assessment Cherry
In a provisional costs assessment (one where the costs are less than £75,000) parties have to go through a specific process to challenge the decisions made at first instance. The receiving party in this matter sought to argue that they could appeal then entire assessment of a costs officer, despite, many decisions not being referred for an ‘oral review.’ Mr Justice Stewart held otherwise.
QOCS changes signify shift in the balance of power between Claimant and Defendant
On 6 April 2023 new qualified one-way costs shifting (QOCS) rules will come into force. There is a significant change to CPR 44.14 which will require both Claimants and Defendants to review their tactics but it could also have an effect on retainers offered to Claimants.
Good reasons to depart from a budget. A rare reason which may not be a one-off
One question which comes up time and time again in cost circles is ‘What constitutes a good reason to depart from a budget at assessment?” Judicial guidance on this is spread thin but Costs Judge Leonard recently decided this question in circumstances which may crop up now and again.
