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It is possible to escape fixed costs, if parties contract out by agreement (Turner v Cole)

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Published on: 14 February 2020

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Dispute Resolution analysis: The court agreed with the Court of Appeal decisions in Solomon v Cromwell and Ho v Adelekun that there is nothing in the rules preventing the parties settling on whatever terms they please and therefore it was possible for parties to agree to contract out of fixed costs. Further the claimant’s response to the defendant equated to a counter-offer, therefore satisfying that in this claim the parties had agreed to contract out of fixed costs. Written by Mark Holloway, costs lawyer, at Paragon Costs Solutions.

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