Report comment

I'd be interested in knowing if the claimant solicitors are advising their clients that progressing to the next costs stage will make them lose more damages towards a success fee.

My inclination as a former defendant solicitor would be to offer a sum you think a court will award - no slightly under settlements - and stick to it. Make it a Part 36 and go for costs.

The key is of course to get the offers right. in front of me I have a file where the best offer was £4,600. Since Part 8 I have gone through £6k and am now at £9,500. My client's best offer was £10k.

This is madness and would be more so if it had been a Part 7 case.

As for the fixed costs proposals, it might work if the procedure is right and incentives there for early binding admissions on breach and causation.

As for costs, I'd like to know the cost to claimant solicitors and ATE providers of the claims that do not even get to letter of claim stage. That'd be interesting.