Trial judge or costs judge? (2)

O’Beirne v Hudson [2010] EWCA Civ 52; LSG 4 March p14

A personal injury claim was settled for £1,119.06 before allocation to a track. The consent order provided: ‘The defendant do pay the claimant’s reasonable costs and disbursements on the standard basis, to be subject to detailed assessment if not agreed.’ The defendants argued that had the matter proceeded to allocation it would have been allocated to the small claims track and therefore only fixed costs under CPR 27 should be allowed.