Proceeding Down a Blind Alley: Tasleem v Beverley - Roger Mallalieu, 4 New Square
17/02/14. On the 6th November 2013 a surprisingly powerful constitution of the Court of Appeal, led by the Chancellor of the High Court and including Lady Justice Hallett, the Vice President of the Court of Appeal (Criminal Division) gave judgment in the joined cases of Tasleem v Beverley / Bartkauskaite v Bartkauskiene, second appeals to the Court of Appeal on what the court had accepted was an important point of principle or practice.
The point may seem to be a slightly obscure one, but is in fact one which is of potentially significant importance to solicitors, especially those practising in the field of low value RTA claims, where margins are increasingly tight, but also for any practitioner where a costs dispute may arise where the substantive claim has settled without proceedings being issued.
The point concerned whether, in circumstances where a claim settles without proceedings being issued, such that the party with an entitlement to costs must issue Part 8 proceedings pursuant to CPR 44.12A1 if the parties cannot agree costs, and that party then obtains a default costs certificate, the fixed costs provided for by the default costs certificate are the only costs of the ‘costs proceedings’ which the receiving party is entitled to recover...
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