The Cost of Admissions - Luke Ashby, Kings Bench Chambers
19/10/16.When an admission has been made that takes a would be fast track case into the small claims track should a Defendant pay fast track costs up to the date of the admission or up to the date of Judgment? In Cameron v Office Depot (UK) Ltd. (13 July 2016) the County Court found fast track costs should be ordered until Judgment.
The facts in Cameron were not uncommon: as a result of a road traffic collision in August 2014 the Claimant issued a claim for just over £10,000 in respect of vehicle repairs and hire charges. Liability was not disputed and in its defence of February 2016 the Defendant made a partial admission (of the repairs) thereby reducing the amount in dispute below the fast track limit.
As envisaged in Akhtar v Boland [2014] EWCA Civ 872 the Claimant promptly applied for Judgment on the admitted sum; the remainder of the claim fell to be dealt with on the small claims track. The Claimant also applied for fast track costs to the date of the Judgment. The Defendant objected arguing that fast track costs should only be ordered to the date of the admission rather than the date of Judgment.
The Court considered CPR 46PD.7 which at 7.1(3) says...
Note that Luke Ashby has since moved to 3PB, Bournemouth.
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