Can You Recover Hourly Rates on Fixed Costs Cases?
I’m sure we are all aware by now of the outcome of Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94 (23 February 2016) in which indemnity costs were awarded for the Claimant having beaten their own Part 36 Offer on assessment. As a consequence, the Claimant was allowed to seek their costs from the date of expiry of the Part 36 basis on an hourly rate indemnity basis, thus trumping the fixed cost regime.
But what about the wider implications?
Jockey Club Racehorse Limited v Willmott Dixon Construction Limited [2016] EWHC 167 (TCC) was a reminder that indemnity costs can and will be awarded for late acceptance of a Part 36 Offer. Which begs the question, are you utilising Part 36 Offer tactics to their full advantage? If so, then if you make a competitive Part 36 Offer and the Defendant accepts your offer out of time, there is merit in threatening to seek your costs on an indemnity basis, failing which an application to the Court can be made for the same.
Here at Legal Practice Support we can offer free advice on the issue and whether you are able to overcome the fixed cost hurdle. Further, if your case has prospects we are able to draft and negotiate the Bill of Costs prepared as a result. We provide both Claimant and Defendant legal cost drafting, negotiating and advocacy services. Based in Bolton, we are proud to offer nationwide paperless services to all our clients and a market leading three day working day turnaround on all costs work received. If you wish to seek our initial free advice on any matter, please do not hesitate to contact our Legal Costs Director on Robert.Collington@legalpracticesupport.co.uk or contact us here.
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