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Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

05/09/17. Liability was denied and proceedings were issued 28th January 2016. Value was pleaded up to £5,000 so fixed costs applied.

Defendant’s Defence 22/4/16 denied and alleged the claim pleaded was ‘dishonest’. Defendant stated that there was ‘no likelihood that the Claimant was confused regarding the incident and where he was struck, the Defendant contends that the factual basis on which the claim made is dishonest.’ The significance of this is cl has the benefit of qocs, so if lost would not have to pay tp costs, save for finding of fundamental dishonesty. Defendant pleaded in the defence that they would seek to disapply qocs. In those circumstances the claimant would have to pay tps full legal costs.

We made liability part 36 on 18/8/16 on 50/50 basis. This was rejected on 25/8/16 but remained open for acceptance. Proceedings continued and...

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