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PI Practitioner, December 2016

16/12/16. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Disposal hearings and fixed costs

For some time, there has been a degree of uncertainty about what fixed costs apply in the not uncommon situation where a claim listed for a disposal hearing settles before the hearing. The essential question is whether a disposal hearing falls within the meaning of a trial as defined in CPR 45.29C (for RTA protocol claims) or 45.29E (for EL/ PL protocol claims). The importance of the distinction lies in whether claimants are entitled to the full fixed costs of a final hearing in column 3 of tables 6B, C or D, or whether they can only recover the costs they would be entitled to "prior to the date of allocation" in column 1. Differing judicial opinions have been expressed at County Court level...

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