Q&As

Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.

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Produced in partnership with Daniel Laking of 39 Essex Chambers
Published on: 21 January 2019
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This is a Part 7 claim which is at witness evidence stage. The tables in CPR 45, Section IIIA state that if the claim settles prior to proceedings being issued, and the agreed damages are at least £1,000, the fixed Costs in those tables apply.

What is the position for claims that have been issued?

In answering the question, a number of assumptions need to be made. Firstly, it is assumed that this case began (or ought to have begun) as a Ministry of Justice Low-Value Personal Injury case in the Portal. As such, fixed costs would apply. These costs are initially governed by CPR 45, Section III. If a defendant disputes liability, or the case exits the Portal for any other reason, the claimant’s costs are subject to CPR 45, Section IIIA ‘Claims Which No Longer Continue Under the Road Traffic Accidents (RTA) or Employers’ Liability (EL)/Public Liability (PL) Pre-Action Protocols—Fixed Recoverable Costs’.

Daniel Laking
Daniel Laking

39 Essex Chambers

Daniel is a junior barrister specialising in civil claims, particularly Personal Injury and Insurance Fraud. He is frequently instructed in trials encompassing issues such as causation and low-velocity impact. He is also well-versed in the nuances surrounding litigation of civil claims, and is often called upon to provide advice and representation in detailed insurance law and procedural applications for both claimants and defendants. He has a detailed knowledge of costs law and its relation to personal injury matters, both in respect of the Fixed Costs regimes in CPR Part 45 and the subtleties of QOCS.

Daniel's paperwork practice encompasses pleadings and advices in a range of niche and unusual points relating to personal injuries law such as limitation, service and varying tortious claims. He is instructed in claims arising out of negligence by drivers, employers and occupiers, as well as broader property damage claims and claims against untraced defendants.

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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