FIXED COSTS OUSTED WHEN THE PARTIES AGREE COSTS ARE TO BE THE SUBJECT OF A DETAILED ASSESSMENT: COURT OF APPEAL DECISION TODAY
In the judgment today in Doyle -v- M&D Foundations & Building Services Limited  EWCA CIV 927 the Court of Appeal found that it was possible for parties to contract out of the fixed costs provisions of the protocols.
The parties settled a case by consent order. That provided for costs to be the subject of a detailed assessment.
By a consent order dated 18 July 2018 (“the Order”) the appellant was ordered to pay the respondent damages of £5,000 in respect of an injury the respondent had suffered during the course of his employment by the appellant. The Order further provided that the appellant was to pay the respondent’s costs, “such costs to be the subject of detailed assessment if not agreed”.
THE RIVAL CONTENTIONS: DID FIXED COSTS APPLY?
The claimant lodged a bill of costs. The defendant argued that fixed costs applied. The claimant succeeded on the argument before the District and Circuit Judge. The defendant appealed.
THE DEFENDANT’S UNSUCCESSFUL APPEAL TO THE COURT OF APPEAL
The Court of Appeal rejected the Defendant’s appeal.