Q&As

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Leigh Callaway of Fladgate
Published on: 20 September 2018
imgtext

The Q&A does not specify whether the proceedings are subject to the fixed costs regime, or whether the case has been allocated to a different track. Different tracks have different costs rules. In particular, whereas the usual rules about recovering costs apply on the fast track (for example, the ‘loser pays’ principle, and the court’s assessment of reasonableness and proportionality), costs recovery is likely to be limited. In addition, in fast track cases, recoverable trial costs are very limited (CPR 28.2(5)).

Given that there should be no difficulty in recovery of costs in excess of fixed costs for a Claim to be allocated to the multi-track, it is assumed that the proceedings in this Q&A are allocated to the fast track.

The fixed costs regime in CPR 45 applies

Leigh Callaway
Leigh Callaway

Fladgate

Leigh is a Senior Associate in the dispute resolution team at Fladgate LLP, specialising in commercial litigation, international arbitration and mediation.

He has a broad range of experience with a particular focus on banking and financial services litigation and civil fraud. Leigh’s practice also covers arbitration and more general commercial litigation work, often with an international element, including breach of contract, misrepresentation, warranty claims, and professional negligence.

Leigh is a co-founder and committee member of the Junior London Solicitors Litigation Association and the Commercial Litigation Associates Forum, and member of the Young Fraud Lawyers Association. He also writes regularly in the legal press, including the New Law Journal and the Solicitor’s Journal.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

Read more readmore

Popular documents

Fixed costs—position prior to 1 October 2023

Fixed costs—position prior to 1 October 2023This Practice Note considers the fixed costs position prior to 1 October 2023 under Part 45. It explains the purpose of fixed costs and the different categories of claims and costs to which they are applicable.NOTE: The extension of the fixed recoverable

Costs orders—payment and enforcement

Costs orders—payment and enforcementThis Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is