The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and Property Courts under the capped costs list pilot scheme, see Practice Note: Business and Property Courts—Capped Costs List pilot scheme.
Fixed costs are costs which are recoverable costs prescribed by statute. As a consequence, these costs are not open to challenge by a paying party under the indemnity principle. Generally, an unsuccessful party can expect to pay a percentage of the costs incurred by the successful party. However, in circumstances in which fixed costs apply, the court will order that the unsuccessful party should only pay a fixed sum in respect of the successful party's solicitors’ costs. In Broadhust v Tan, the difference between assessed costs and fixed costs was explained as follows:
‘Fixed costs are awarded whether or not they were incurred, and whether or not they represent reasonable or proportionate compensation for the effort actually expended. On the other hand, assessed costs reflect the work actually done. The court examines whether the costs were incurred, and then asks whether they were incurred reasonably and (on the standard basis) proportionately.’
The application of fixed costs was neatly summed up by Akenhead J in Amber Construction where he stated that:
‘Thus in both Rules 45.1 and 45.3 [now rule 45.4] it
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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