birketts – Further word of caution at time of settlement – ensure your final offer reflects the intended agreement

Birketts have discussed the importance of ensuring that ambiguity within the settlement correspondence does not afford Claimants an opportunity to escape payment of costs under the small claims track when dealing with housing disrepair claims.

The Court of Appeal has since reached a decision on whether the wording of an order containing the words “subject to detailed assessment” should be interpreted as costs to be assessed on the standard basis, or an assessment of the fixed costs.