Post-Portal PADs: The End of the Debate?

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02 February, 2017

Nigel McCloy
Senior Associate

You will recall our previous blogs following the development of the argument that fixed costs apply to PADs. Forbes had been running this argument since the implementation of the fixed costs regime and of course had the first known County Court Appeal which for many firms was the end of the matter.

However it was not the end of the matter for one Claimant firm and the issue ended up in the Court of Appeal on the 24 January 2017. During the hearing of Caren Sharp v Leeds City Council the bench, which included Lord Justice Jackson, commented that if the Claimant's arguments were accepted that would be driving a horse and carriage through the fixed costs regime which was perhaps an indicator of what was to come.

Judgment on the issue was handed down yesterday and we are pleased to report that the Court of Appeal confirmed that fixed costs do apply to PADs.

We are hopeful that this is the end of the matter, although would take this opportunity to remind readers that Court fees have increased since the original blogs went out, thus rendering the '£305' rule of thumb redundant. Solicitors fixed costs remain at £125 + VAT for preparing the application and advocates fees also remain at this figure if the Application ends up at a hearing. Court fees will vary from £100 - £255 depending on whether the Application was made on notice or a hearing was requested.

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