The Civil Procedure Rule Committee is currently consulting on the draft protocols which will implement changes to the fixed recoverable costs scheme. The Ministry of Justice have invited comments from stakeholders on the proposed levels of fixed recoverable costs that will apply.
Lawyers acting under a DBA will be required to comply with the indemnity principle, which means that their fee would be restricted to what is due under the DBA fee: if the DBA fee is less than the recoverable base legal costs would be in the absence of a DBA, a losing defendant would be liable to pay the DBA fee.
This was a decision from the Employment Appeal Tribunal in relation to an award of costs under Rule 40(3) of the Employment Tribunal Rules 2004. The first instance decision denied an application for an award of costs against the unsuccessful applicant on grounds of unreasonable conduct. The Employment Judge did not find the conduct unreasonable.