DWF have successfully limited the Claimant to fixed costs in line with complexity band 1 of the Fast Track, following a claim for damages arising from an accident in which the Defendant’s vehicle came off the road and collided with the Claimant’s property.
Background
The Claimant brought a claim for property damage arising from an accident, in which the Defendant lost control of his vehicle and collided with the Claimant’s property. Damages were compromised pre-issue in the sum of £11,000.00.
The dispute
Both parties agreed that post-October 2023 Fixed Recoverable Costs applied. It was also agreed by both parties that those Fixed Recoverable Costs were subject to Table 12 of Practice Direction 45 (Fast Track). The only dispute between the parties was the appropriate band within the Fast Track.
The Claimant sought to recover Fast Track Band 3 costs in line with complexity band 3 of the Fast Track in the sum of £3,197.00, arguing that this claim fell under the description of was a claim for ‘other claims for a sum of money’ within table 1 of CPR 26.15.
The Claimant also sought to rely on Lord Justice Jackson's Fixed Recoverable Costs Supplemental Report from July 2017, arguing that it was Lord Justice Jackson's intention to reserve Band 1 of the Fast Track for 'bent metal' claims and defended debt claims.
The Defendant's position was that the claim was a ‘road traffic accident related, non-personal injury claim’ and as such fell within the scope of Fast Track, Band 1.The claim was not complex – liability was never in dispute and quantum was resolved swiftly, without the need for proceedings.
Further, Lord Justice Jackson's reference to 'bent metal' claims in the July 2017 report was only an example of the type of claims which could fall into Band 1 and not a specific definition of Band 1 claims.
Accordingly, the Defendant offered to pay the Claimant's Fixed Recoverable Costs in the sum of £599.00.
Proceedings
As the parties were unable to come to an agreement on costs, the Claimant issued Part 8 costs-only proceedings and requested a Fixed Costs Determination in accordance with CPR 45.64. DWF filed and served a Precedent U response maintaining that the appropriate costs were Fast Track Band 1 costs.
Upon consideration of the Claimant’s Precedent U and the Defendant’s response, the Court assessed the costs at £599.00 in line with band 1 of the Fast Track and ordered the Claimant to pay the Defendant’s costs of the Fixed Costs Determination.
Commentary
There is a significant difference in the level of costs recoverable on Band 1 and Band 3. The Claimant sought Band 3 pre-issue Fixed Recoverable Costs totalling £3,197.00, the Band 1 costs awarded were £599.00. This is a saving of £2,598.00 or 81%. The decision in this case reinforces DWF's stance that straightforward property damage claims fall within the scope of Fast Track, Band 1.
