TMC LEGAL | COLLINS V THE CHIEF CONSTABLE OF THAMES VALLEY POLICE [2026] EWHC 117 (SCCO)

Описание: Claims against the police for wrongful interference with goods — encompassing conversion or trespass to chattels — fall within CPR 26.9(10)(e)(i) as claims including an intentional tort, requiring multi-track allocation and excluding fixed recoverable costs. | Collins v Thames Valley Police [2026] EWHC 117 (SCCO) | Fixed Recoverable Costs Police Claims Exemption

In this important SCCO decision, Costs Judge Whalan confirms that claims against police which include intentional torts fall outside the fixed recoverable costs regime. The court held that CPR 26.9(10)(e)(i) mandates such claims to the multi-track, automatically excluding them from FRCs regardless of when proceedings commenced.

🔑 KEY POINTS
• Claims against police including intentional torts (assault, false imprisonment, malicious prosecution, conversion) are mandated to multi-track under CPR 26.9(10)(e)
• Multi-track mandate automatically excludes the claim from fixed recoverable costs
• CPR 45.1(3) transitional provisions do not apply where mandatory allocation rules operate
• Part 36 acceptance language referring to "detailed assessment" does not amount to contracting out of FRCs
• Part 8 costs-only proceedings can determine applicable costs regime

📋 CASE SUMMARY
Case: Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police
Citation: [2026] EWHC 117 (SCCO)
Court: Senior Courts Costs Office
Judge: Costs Judge Whalan
Decision: Claimant entitled to costs on standard basis, not fixed recoverable costs

⚖️ WHY THIS MATTERS
This decision provides crucial guidance for costs practitioners handling police claims. Where a claim against police includes any intentional tort—even as a secondary cause of action—the entire claim escapes the fixed recoverable costs regime. This applies regardless of the claim's value or when it commenced.

🎯 WHAT THE COURT DECIDED
1. CPR 26.9(10)(e)(i) mandates claims against police including intentional torts to multi-track
2. Mandatory multi-track allocation excludes claims from CPR Part 45 fixed costs
3. The exemption operates automatically—no judicial discretion required
4. Transitional provisions under CPR 45.1(3) do not override mandatory allocation rules
5. Reference to "detailed assessment" in Part 36 acceptance does not constitute contracting out

📚 TOPICS COVERED
• Fixed recoverable costs regime and exemptions
• CPR 26.9(10)(e) mandatory multi-track allocation
• Claims against police authorities
• Intentional torts: assault, false imprisonment, malicious prosecution, conversion, trespass to chattels
• CPR 45.1(3) transitional provisions
• Part 36 acceptance and costs consequences
• Contracting out of fixed costs
• Part 8 costs-only proceedings

👨‍⚖️ JUDGES
Costs Judge Whalan

💼 USEFUL FOR
Costs Lawyers | Costs Draftsmen | Solicitors | Barristers | Police Claims Specialists | Personal Injury Practitioners | Civil Litigation Lawyers | Legal Costs Consultants

🔗 LINKS
📖 Read the full blog post: https://www.tmclegal.co.uk/fixed-reco...
⚖️ BAILII Judgment: https://www.bailii.org/ew/cases/EWHC/...

📞 CONTACT TMC LEGAL
For expert legal costs advice and representation:
🌐 Website: https://www.tmclegal.co.uk
📧 Email: [email protected]

🔔 SUBSCRIBE for regular updates on costs law, civil litigation, and CPR developments

Related Cases:
• Hislop v Perde [2018] EWCA Civ 1726
• Solomon v Cromwell Group plc [2011] EWCA Civ 1584
• Broadhurst v Tan [2016] EWCA Civ 94
• Sharp v Leeds City Council [2017] EWCA Civ 33

Related Topics:
Fixed Recoverable Costs | Police Claims | Intentional Torts | CPR 26.9 | Multi-Track Allocation | Costs Assessment | Part 36 | Civil Procedure Rules

⚠️ DISCLAIMER
This video is for educational and informational purposes only and does not constitute legal advice. For specific legal matters, please consult a qualified legal professional.

© 2026 TMC Legal Limited

#FixedRecoverableCosts #FRC #PoliceClaims #IntentionalTorts #CostsLaw #CPR #CivilLitigation #LegalCosts #SCCO #CostsJudge #MultiTrack #Part36 #CostsAssessment #UKLaw #LegalNews #SolicitorsLaw #CostsLawyers #CivilProcedureRules #TMCLegal #LegalCostsUpdate #PoliceActions #FalseImprisonment #Assault #MaliciousProsecution #Conversion #TrespassToChattels #CPR26 #CPR45 #CostsRegime #DetailedAssessment #StandardBasisCosts #LegalPractice #CostsDraftsmen #LitigationCosts

Optimised for: fixed recoverable costs police, police claims costs, intentional tort FRC exemption, CPR 26.9 police, multi-track allocation costs, costs law update 2026