19 July, 2013
The 65th amendment to the Civil Procedure Rules, which brings in the extension to the portal to Employers and Public Liability cases up to £25,000 and the subsequent fixed cost regime, has finally been approved and released.
The extension will come as no surprise as the information as to how the portal would work and what the new fixed costs regime would be has been available for us all to consider and digest for quite some time. The only difference is now it is law.
It seems to us that merely to repeat the rules in this article is of limited assistance to our clients. What you really want to know, in reality, is what effect this will have on the costs Defendants would be liable for in the event of a finding against them in future litigation. To provide practical help with this we have created a Fixed Cost Ready Reckoner for cases within the portal with damages from £1000 to £25,000.
To access this just click on the link above and for those of you who do want to see the new CPR rule 45 in full, we have created a link to that as well. Do remember that the new regime only applies to cases with a cause of action after the 31st July 2013.
No doubt an interesting debate will now be had about the balance to be struck and the obvious costs savings that this regime may bring. Although consideration will clearly be had about the costs benefits of settling cases early it is also clear that, despite the advent of Qualified One Way Cost Shifting, the certainty of costs payable at the end of any defence of a claim at trial is also a positive development for Defendants. No longer will Defendants be faced with costs of tens of thousands of pounds in the event that the Court finds against them which is a significant consideration when deciding whether to run more complex or finely balanced cases.
Should you wish to discuss any aspect of the new regime, contact our team
Ridwaan Omar - Partner - 01254 222457
Kella Bowers - Associate - 01254 222437
Siobhan Hardy - Partner - 0113 386 2686
Andrew Ellis - Partner - 0161 918 0001