Transitional fixed costs provisions apply to costs-only proceedings (Asmat Bi v Tesco Underwriting Ltd)
Dispute Resolution analysis: HHJ Sephton KC found that a road traffic accident claim, settled before the new fixed costs provisions came into force, was nonetheless caught by the new provisions when the claimant’s solicitors issued costs-only proceedings only after the provisions were in force. In April 2023 the claimant accepted a Part 36 offer made by the defendant which included provision for costs to be addressed in accordance with CPR 36.13 or 36.20. They did not issue proceedings for their costs until 27 November 2023. The judge held that the Part 36 offer did not give rise to entitlement for costs outside the provisions of the CPR, and that the claimant was entitled only to the fixed costs under the new regime. Given that the case had settled pre-proceedings for under £5,000, the fixed costs allowed were nil. Written by David Juckes, barrister at Hailsham Chambers.