COURT OF APPEAL TO HEAR PART 36 LATE ACCEPTANCE APPEALS IN FIXED COSTS CASES
The Court of Appeal will decide what costs should be allowed where a defendant accepts a claimant’s Part 36 offer after the relevant period in a claim within the scope of the fixed recoverable costs in CPR 45 Section IIIA.
Permission for a second appeal has been granted by Lewison LJ in Hislop v Perde. At first instance, the claimant applied for indemnity costs after the expiry of the relevant period. The application was dismissed and fixed costs were allowed throughout. The claimant appealed and Her Honour Judge Walden Smith upheld the decision on indemnity costs, but did allow costs on the standard basis after the relevant period.
Lewison LJ has directed that there will be an expedited hearing which will probably take place between May and July next year. Hislop has been linked with another similar appeal, Kaur v Committee for the time being of Ramgarhia Baord Leicester. It is understood that other parties wish to leapfrog appeals to join them also, but it remains to be seen whether the Court of Appeal will accept them.
Taylor Rose TTKW’s Director of Dispute Resolution Matthew Hoe acts for the appellant is Hislop.
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