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Avoiding the trap of fixed costs in high-value claims

David Disney

Have you been caught out by fixed costs on a high-value RTA or EL/PL claim that settled prior to allocation to the multi-track? Over the past couple of months, we have seen this issue arise on a number of occasions. So, in what circumstances do fixed recoverable costs (FRC) under part IIIA of CPR 45 apply to high-value claims? They apply if a claim was submitted through the portal but no longer continues under the relevant protocol and the matter is not allocated to the multi-track. This is the scenario we are finding to be quite common in practice and something which practitioners should become familiar with in order to avoid the pitfalls of fixed costs.

February 23rd, 2018