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Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers

09/01/17. Much has been written in the blogosphere about the two recent Court of Appeal cases on fixed costs post ‘Prexit’; Terrence Bird v Acorn Group Ltd [2016] EWCA Civ 1096 and Qader v Esure [2016] EWCA Civ 1109. You would have to have been half asleep recently to not know that you can jump to the highest rate of fixed costs despite skipping allocation, and that you are not limited to fixed costs if your claim goes into the multi-track. What impact do these decisions have, though, for the everyday litigator?

Why such different outcomes?

At first blush, it is hard to understand why the Court of Appeal in Bird did not seem to regard the intention to give an increasing amount of costs as more work was done, yet was perfectly happy to look to the intention of the same rules in Qader that fixed costs would not apply to cases allocated to the multi-track. In Bird the Defendant seems to have...

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