Nema v Kirkland [2019] EWHC B15 (Costs) (23 August 2019)

Nema v Kirkland [2019] EWHC B15 (Costs) (23 August 2019)

In cases subject to fixed recoverable costs under CPR 45 Section IIIA, following acceptance of a Part 36 offer, a claimant cannot commence detailed assessment proceedings for disputed disbursements. The correct procedure is to apply to the court for an order under CPR 36.20(11), which provides a self-contained mechanism for resolving such disputes. Disbursements not fixed by the rules are not to be treated as fixed costs, but the detailed assessment procedure is not available in these circumstances.

Citation
[2019] EWHC B15 (Costs)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
23 August 2019
Procedural Posture
Costs Assessment Following Personal Injury Settlement / Application to Strike Out Notice of Commencement of Detailed Assessment Proceedings
Outcome
Defendant's application granted; Claimant's Notice of Commencement and bill of costs struck out.
Legal Topics
Fixed Recoverable Costs, Detailed Assessment, Disbursements, Civil Procedure Rules, Part 36 Offers
Civil Procedure Personal Injury Fixed Recoverable Costs Detailed Assessment Disbursements Civil Procedure Rules Part 36 Offers

Case Brief

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Costs Assessment Following Personal Injury Settlement / Application to Strike Out Notice of Commencement of Detailed Assessment Proceedings

Legal Issues

  1. 1 Whether a claimant subject to fixed recoverable costs under CPR 45 Section IIIA can commence detailed assessment proceedings for disputed disbursements after acceptance of a Part 36 offer
  2. 2 Whether non-fixed disbursements are to be treated as fixed costs under the Civil Procedure Rules

Ratio Decidendi

In cases subject to fixed recoverable costs under CPR 45 Section IIIA, following acceptance of a Part 36 offer, a claimant cannot commence detailed assessment proceedings for disputed disbursements. The correct procedure is to apply to the court for an order under CPR 36.20(11), which provides a self-contained mechanism for resolving such disputes. Disbursements not fixed by the rules are not to be treated as fixed costs, but the detailed assessment procedure is not available in these circumstances.

Court Disposition

Defendant's application granted; Claimant's Notice of Commencement and bill of costs struck out.

Orders

  • The Claimant's Notice of Commencement is struck out.
  • The Claimant's bill of costs is struck out.