Defendants refuse to pay for medical reports

September 2011

 “I’ve accepted a Part 36 offer for £500.00 and the defendants refuse to pay  for two medical reports I needed, stating inter alia CPR 27.14(f) a sum not exceeding the amount specified … for an expert’s fees””  The Small Claims Track costs do not apply.

 1. The provisions for acceptance of a Part 36 offer are found in 36.10(3)    CPR. Costs follow on the “standard basis if the amount of costs is not agreed”

 2. Further according to 27.2(1) (g) CPR, Part 36 offers do not apply to small claims in any event.

 3. Finally under 27.14(1) CPR costs on the Small Claims Track only apply when the “case … has been allocated to the small claims track” see also 44.9 CPR for confirmation as to when costs regimes effectively “bite”.

 Therefore in this scenario, costs are not just limited to a sole expert’s fee, or fixed fees for costs and witnesses. The usual tests of reasonableness of disbursements will apply and recourse to the Courts via a Part 8 application (under 44.12A CPR) should be sought (as a last resort) to resolve the matter.


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