Jurisdiction(s):
United Kingdom

Transitional fixed costs bind costs-only Part 8 claims issued after 1 October 2023: Asmat Bi v Tesco Underwriting (England and Wales), nil costs under PD45 Table 12

Published on: 21 October 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Asmat Bi v Tesco Underwriting Ltd Case No K04MA298

What are the practical implications of this case?

The most immediate consequences of this judgment concern practitioners handling Part 8, costs-only proceedings where the dispute concluded before the new rules, but the Part 8 claim form was issued on or after 1 October 2023. For that cohort, the outcome will trouble claimants and please defendants. Although not binding, HHJ Sephton KC conducted a comprehensive review of the key authorities and CPRC commentary, making it hard to see why a different judge would be persuaded to depart from this approach. More broadly, the decision illustrates the interpretation principle that legal changes take retrospective effect only for procedural matters. In this instance, the civil costs regime was treated as procedural, so the fixed costs reforms had retrospective effect, subject to the transitional provisions. The same reasoning will apply in comparable disputes on costs or other CPR provisions.

What was the background?

The claimant’s car was damaged in a road...

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