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Jackson in Action – case law

In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Relief from sanctions regime/service of particulars of claim: In Chelsea Bridge Apartments Ltd & Anor v Old Street Homes Ltd & Anor (2017) the claimants sought relief from sanctions and an extension of time for service of the particulars of claim, having served them over three months late. Held by Deputy Master Cousins, sitting in the Chancery Division that the failure to serve the particulars on time was a serious and significant breach and the claimants' failure to appreciate that there was a requirement to serve the particulars of claim by a certain date, or at all was not a good reason for the breach. The claimants were not efficiently carrying out the litigation, at proportionate cost and had failed to engage in mediation. In the circumstances, the application was refused. 4.9.17

Fixed recoverable costs regime/late acceptance of Part 36 offer: In Whalley v Advantage Insurance Co Ltd (2017), District Judge Besford, sitting in the County Court at Kingston upon Hull considered what costs the claimant should recover after the defendant had accepted a Part 36 offer out of time in a low-value personal injury claim that had been submitted to the Portal. Held, unless there are "exceptional circumstances" in accordance with CPR r.45.29J, or conduct justifying an award of indemnity costs, the claimant was only entitled to fixed recoverable costs. During the course of considering the case, DJ Besford (who had previously come to a difference conclusion in Sutherland v Khan (2016))  had regard to the judgment in McKeown & Anor v Venton (2017), in which DWF successfully acted for the defendant. 31.7.17 Read our update on McKeown Indemnity costs do not follow late acceptance of a Part 36 offer.

Fixed recoverable costs regime/late acceptance of Part 36 offer: In Parsa v DS Smith Ltd & Anor (2017), HHJ Tindal, sitting in the County Court at Birmingham also considered what costs the claimant should recover where a Part 36 offer had been accepted late in a claim intimated to the Portal. Although the Judge concluded that the defendant's conduct could be criticised and warranted an award of indemnity costs, it did not constitute "exceptional circumstances" for the purpose of CPR r.45.29J and the court's general discretion as to costs under CPR r.44.2 did not override CPR r.45.29B. Late acceptance of itself did not provide the claimant with an argument for indemnity costs under CPR r.36.13 as CPR r.36.20 deliberately does not make specific provision for late acceptance by a defendant of a claimant’s Part 36 offer. Held, the relevant fixed costs staging post for date of acceptance in Table 6B of CPR 45.29C applied.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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