It seems a year is a long time in costs jurisprudence. In July 2018, I wrote a piece for this blog which explored the case of Bratek v Clark-Drain Limited. In that case, the court considered the question of whether it was possible for fixed costs to be avoided if the consent order agreed at the conclusion of the action specified that costs were to be paid on the standard basis. In keeping with the general trend of the courts to limit avenues out of the fixed costs regime (notably evident in the Court of Appeal decision in Sharp v Leeds City Council), HHJ Yelton in Bratek found that the fixed costs provisions in CPR 45.29 were absolute and incapable of being avoided by the wording of a consent order. The point, therefore, appeared to be resolved, and another door to escape fixed costs was closed. Continue reading
