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28 August 2018

Let’s get cracking claimant PI lawyers….

Posted by: Us

This is at last a result us claimant solicitors can use to ensure we get paid for our skills and expertise and the time we spend on our files so let’s make sure we are all aware of this decision and start to use it  .Costs expert Professor Dominic Regan also  commented on Twitter that it was a ‘stupendous result’ for claimants.

Fixed costs trumped by Part 36 offer, rules Court of Appeal Claimants who beat their own Part 36 offer are entitled to more than just fixed costs, the Court of Appeal has ruled . In two joined-up hearings both concerning low-level RTA claims, master of the rolls Lord Dyson (pictured) said assessed costs should trump fixed costs where claimants secure more than they had offered to settle for. In Broadhurst & Anor v Tan & Anor, Dyson said assessed and fixed costs were ‘conceptually different’ and that parliament had not intended to create a scheme to penalise claimants when it had established a fixed costs regime. Dyson accepted that, if rules in Part 45 stood alone, the claimant would be entitled only to fixed costs and disbursements. But he stressed these rules did not stand alone.
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