Veitch Penny LLP - Exeter | Crediton, Devon

15/09/2000

The Issues

Whether a party should be entitled to claim costs at a fast track trial having failed to lodge its statement of costs in time.

The Facts

Road traffic accident - allocated to the fast track - Claimant awarded just under �5000 in damages. Claimant had failed to serve a costs schedule in accordance with the Civil Procedure Rules and no explanation was offered to save "possible administrative oversight". Defendant contended that that explanation did not satisfy the test of exceptional circumstances and invited Judge to make no order as to costs.

The Decision

Claimant should be limited to the recovery of Counsel's brief fee plus VAT, the issue fee and the fee for preparing the medical report. All other costs disallowed. The rule in the practice direction was clear. The Claimants Solicitor had had ample opportunity to become acquainted with it.