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Fixed Costs Update

While most current news concerning fixed costs seems to surround the delayed implementation of wide-ranging changes to the fixed costs rules, there has also been a couple of notable recent county court decisions in relation to costs recovery in fixed costs matters which practitioners should be aware of.

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No Two Bites of the Provisional Assessment Cherry

In a provisional costs assessment (one where the costs are less than £75,000) parties have to go through a specific process to challenge the decisions made at first instance. The receiving party in this matter sought to argue that they could appeal then entire assessment of a costs officer, despite, many decisions not being referred for an ‘oral review.’  Mr Justice Stewart held otherwise.

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