WHAT FIXED COSTS APPLY AFTER A DEFAULT JUDGMENT SET ASIDE? ISSUE CONSIDERED IN THE COUNTY COURT
I am grateful to Simon Fisher of DWF for sending me a copy of the judgment in Chisnall -v- RSA Northern Ireland Insurance Ltd, a copy of which is available here. It deals with an issue relating to fixed recoverable costs. What costs apply when a default judgment has been set aside? The judge holding, effectively, that the setting aside of the judgment meant that, for the purpose of fixed costs, the action should be seen as starting afresh.
A copy of the judgment is available here Chisnall v RSA Northern Ireland Insurance Ltd – Liverpool CC – Judgment – 20210726 V Final
The claimant brought an action for personal injury damages. It had fallen out of the protocol procedure. Proceedings were issued and judgment entered in default. Judgment was later set aside due to issues relating to service. The proceedings were compromised, shortly after the judgment was set aside, by the claimant accepting a Part 36 offer.
WHICH STAGE WERE PROCEEDINGS AT?
The parties did not agree which fixed costs applied. The judge held that the setting aside of the default judgment meant the matter had “started again” and fixed costs were related to the stage that the action was at when it was settled.