This note considers whether, in cases where costs are fixed by CPR 45, claimants can recover costs in excess of the fixed costs by making or accepting Part 36 offers.

IMPORTANT NOTE: In February 2016, the Court of Appeal provided definitive authority on this issue (Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94 and Legal update, Claimants not confined to fixed costs where indemnity costs are awarded under CPR Part 36 (Court of Appeal)). In light of that, this note will no longer be maintained. We have now added a section, Impact of Part 36 on fixed costs, to Practice note, Fixed costs in litigation.