Clarification at last for high value claims which start in the Portal.

The Civil Procedure (Amendment) Rules 2017 will be coming into force shortly and will be providing some much needed clarification for those high value claims which start in the portal.

On the 6th April 2017 the new rules will give statutory force to the Court of Appeal’s decision in Qader & Others v Esure Ltd & Khan v McGee [2016] EWCA Civ 1109 by specifically providing that Fixed Recoverable Costs apply only “for as long as the case is not allocated to the multi-track.” In addition, the words “but not more than £25,000.00” are to be removed throughout the CPR 45.29 fixed costs tables.

Thus, a claim which starts in the portal but then settles for over £25,000.00 will be subject to fixed recoverable costs unless that claim has been allocated to the multi-track.

We must therefore impress the importance of the conducting solicitor or other fee-earner, carefully valuing the claim at the outset as once the claim has been put into the portal it will then always be subject to fixed recoverable costs no matter what the the eventual settlement figure is (unless allocated to the multi-track).

If you require any further clarification on the effect of the rules amendment, please do not hesitate to contact the writer, Sarah Petitt on 01480 463499 or email;