Solomon v Cromwell Group Plc

Solomon v Cromwell Group Plc

Section II of Part 45 of the Civil Procedure Rules applies to costs-only proceedings arising from low-value road traffic accident claims settled before proceedings are issued, and prescribes fixed costs to the exclusion of standard basis assessment under Part 36, unless the parties expressly agree otherwise. The claimants, having issued proceedings under rule 44.12A, are limited to the fixed costs regime.

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 / Judgment on Appeal From County Court Regarding Costs Assessment After Settlement of Road Traffic Accident Claims
Outcome
Appeals dismissed
Legal Topics
Part 36 Offers, Costs Assessment, Fixed Costs Regime, Road Traffic Accident Claims
Civil Procedure Costs Part 36 Offers Costs Assessment Fixed Costs Regime Road Traffic Accident Claims

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 / Judgment on Appeal From County Court Regarding Costs Assessment After 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
  2. 2 Whether the terms of settlement override the fixed costs regime

Ratio Decidendi

Section II of Part 45 of the Civil Procedure Rules applies to costs-only proceedings arising from low-value road traffic accident claims settled before proceedings are issued, and prescribes fixed costs to the exclusion of standard basis assessment under Part 36, unless the parties expressly agree otherwise. The claimants, having issued proceedings under rule 44.12A, are limited to the fixed costs regime.

Court Disposition

Appeals dismissed

Orders

  • Claimants limited to costs prescribed by Section II of Part 45
  • No costs on the standard basis recoverable