Solomon v Cromwell Group Plc [2011] EWCA Civ 1584 (19 December 2011)

Solomon v Cromwell Group Plc [2011] EWCA Civ 1584 (19 December 2011)

In low-value road traffic accident claims settled before proceedings are issued, where costs-only proceedings are brought under rule 44.12A, the claimant is limited to recovering fixed costs as prescribed by Section II of Part 45, regardless of the general provisions of Part 36 or any reference to standard basis costs in the settlement, unless the parties have expressly agreed otherwise outside the scope of the rules.

Citation
[2011] EWCA Civ 1584
Parties
Claimant/appellant: Sandra Solomon; Defendant/respondent: Cromwell Group PLC; Claimant/appellant: Donna Oliver; Defendant/respondent: Sandra Doughty
Jurisdiction
England and Wales
Judgment Date
19 December 2011
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs Assessment Following Settlement of Road Traffic Accident Claims
Outcome
Appeals dismissed
Legal Topics
Part 36 Offers, Fixed Costs, Road Traffic Accident Claims, Costs Assessment, Interpretation of Civil Procedure Rules
Civil Procedure Costs Part 36 Offers Fixed Costs Road Traffic Accident Claims Costs Assessment Interpretation of Civil Procedure Rules

Case Brief

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Parties

Sandra Solomon

Claimant/appellant

Cromwell Group PLC

Defendant/respondent

Donna Oliver

Claimant/appellant

Sandra Doughty

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs Assessment Following Settlement of Road Traffic Accident Claims

Legal Issues

  1. 1 Whether acceptance of a Part 36 offer before proceedings entitles claimant to costs assessed on the standard basis or only fixed costs under Section II of Part 45 in low-value road traffic accident claims
  2. 2 Whether parties can contract out of the fixed costs regime by agreement

Ratio Decidendi

In low-value road traffic accident claims settled before proceedings are issued, where costs-only proceedings are brought under rule 44.12A, the claimant is limited to recovering fixed costs as prescribed by Section II of Part 45, regardless of the general provisions of Part 36 or any reference to standard basis costs in the settlement, unless the parties have expressly agreed otherwise outside the scope of the rules.

Court Disposition

Appeals dismissed

Orders

  • Claimants limited to recovery of fixed costs as prescribed by Section II of Part 45 in costs-only proceedings under rule 44.12A