Sarah Robson Barrister
0800 634 9650
The original Black Belt Barrister
Fixed Costs Specialist
Asmat Bi v Tesco Underwriting Ltd
HHJ Sephton KC, Manchester CC, Aug 2024, claim no K04MA298
Whilst only a first tier hearing, it is useful as a point of reference given the paucity of case law on the October 23 extention to fixed costs. Here the court was considering the incidence of costs in a case where a non-personal injury claim had settled by acceptance of a Part 36 offer without the need for proceedings, and notably before the commencement of the new fixed costs regime. Costs could not be agreed, and so the claimant brought Part 8 proceedings. HHJ Sephton found that the Amendment Rules (SI 572/2023) were procedural in nature, and therefore followed the general convention that they were retrospective in effect. He found the Claimant's entitlement to costs only crystallised after the costs had been assessed, allowed or agreed. Thus the case fell to be decided under the costs rules then rather than at the point of settlement, which was under the extended fixed costs.