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Court reduces costs claim exceeding £50,000 to fixed costs under CPR45.29C

Andrew Bennetts of our St Austell office received instructions from a paying party in relation to a Bill of Costs, which claimed a sum for costs exceeding £50,000. The claim concerned a road traffic accident that occurred on 16 September 2013 was entered on the MOJ portal, duly left the portal and settled for £30,000 after the issue of proceedings but before allocation to the Multi-Track. The case settled after the Court of Appeal decision in the matter of Qadar & Ors v Esure Services Ltd & PIBA & APIL & Khan & Anor v Mcgee & PIBA & APIL [2016] EWCA Civ 1109 but before the rule change to CPR 45.29 to remove the ceiling of £25,000. Andrew argued that fixed costs applied, which the Claimant rejected contending that the claim was a Multi-Track case based on its value and it would have been allocated to the Multi-Track. The Claimant argued that exceptional circumstances applied under CPR45.29J and that as the matter settled before the rule change, it was exempt. The Court rejected the Claimant’s contentions in totality and upheld Andrew’s submission.

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