• What the matrix is: a High Court-approved damages settlement framework from the Hugh James military deafness litigation (approved 8 July 2024), designed to speed compensation via a schedule tied to service history. It’s not a statutory scheme and does not displace the CPR on costs. (Hugh James, Outer Temple Chambers, The Independent)
• Costs are not fixed: Military NIHL claims are excluded from NIHL FRC under the Disease PAP Annex E — see E4(a) (“military claims”). Costs remain recoverable on the hourly basis (standard or, where engaged, indemnity). (Justice.gov.uk)
• Keep damages and costs separate: a matrix offer goes to damages unless it expressly deals with costs. If costs aren’t agreed, proceed to detailed assessment (CPR 47.6, N252). (Justice.gov.uk)
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The matrix grew out of the group litigation against the MoD and was approved on 8 July 2024. It standardises compensation (e.g., by reference to when the claimant left service), aiming to reduce friction and delay in damages settlement. It does not itself fix inter partes costs: the usual CPR rules still govern costs recovery. (Outer Temple Chambers, Hugh James, The Independent)
Practical point: Expect insurers/defence teams to float “matrix-style” numbers in other files. Treat these as commercial offers on damages; negotiate costs separately.
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Under the Disease & Illness PAP Annex E, NIHL FRC applies only to certain civil NIHL claims and expressly excludes “military claims” (E4(a)). That means FRC tables don’t bite; instead, you’re back in the hourly world (standard basis unless an indemnity period is triggered). You will normally still need a Bill of Costs unless costs are expressly agreed. (Justice.gov.uk)
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A matrix figure resolves damages. Unless the document says otherwise, costs follow the CPR:
• Record settlement in two limbs: (i) damages per matrix, (ii) costs: to be assessed if not agreed.
• If costs stall, commence detailed assessment by serving N252 + Bill under CPR 47.6. (Justice.gov.uk)
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• By default on MoD NIHL (FRC excluded): draw a phased, PD 47-compliant e-Bill where applicable.
• If you beat your own Part 36 or prove misconduct: seek indemnity costs for the relevant period and bill that tranche on indemnity (note CPR 3.18 limits apply only on the standard basis). (Justice.gov.uk, disputeresolutionblog.practicallaw.com)
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• Keep the matrix offer/approval note and eligibility proof (service dates, audiology). (Hugh James)
• Maintain time records by phase; NIHL disclosure is often heavy — log volume and complexity.
• Disbursements: audiology/ENT, military records, tracing/defunct-entity steps, counsel. Keep invoices and short necessity narratives for each item.
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NIHL litigation against the MoD continues at scale; press reports and firm updates identify thousands of claims and a matrix to streamline compensation — useful context when explaining why damages are now quicker while costs remain CPR-driven. (Law Gazette, The Standard)
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1. Read the offer carefully: if silent on costs, they’re to be assessed per CPR. (Justice.gov.uk)
2. Part 36 early: once eligibility/liability are clear, serve a realistic claimant Part 36. Beat it and you unlock 36.17 benefits at judgment: indemnity costs from expiry, enhanced interest, and the additional amount (10%/5% up to £75k). (Justice.gov.uk)
3. Order/consent terms: split damages (matrix + CRU) from costs (assessed/paid under CPR).
4. Bill & serve N252 quickly to keep pressure on; chase Default Costs Certificate if PoDs don’t arrive in 21 days. (Justice.gov.uk)
5. Indemnity periods: if engaged (e.g., beating your own Part 36 at judgment), remember CPR 3.18 (budget limits) doesn’t govern indemnity assessment. (disputeresolutionblog.practicallaw.com)
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1) Does the MoD matrix fix legal costs?
No. It’s a damages framework; costs remain under the CPR. (Outer Temple Chambers)
2) Are military NIHL claims inside NIHL FRC?
No. Annex E, E4(a) excludes military claims from NIHL FRC. (Justice.gov.uk)
3) Do I still need a Bill of Costs on matrix cases?
Yes—unless costs are expressly agreed. Otherwise serve N252 and proceed under CPR 47.6. (Justice.gov.uk)
4) Can I claim indemnity costs?
Yes—e.g., if you beat your own Part 36 at judgment (36.17 consequences). (Justice.gov.uk)
5) What core documents should I preserve for costs?
Matrix terms/letters, service and audiology evidence, disclosure indices, time sheets, and all vouchers for disbursements.
6) Can defendants push “inclusive of costs” figures?
They can propose them; you’re not obliged. Keep damages vs costs separate unless the global matches your reasoned Bill.
7) Does the matrix apply to everyone?
It stems from litigation led by Hugh James and was approved by the High Court; treat any matrix-style proposal in your case as a commercial offer and negotiate costs independently. (Outer Temple Chambers, The Independent)
8) How should I frame the consent order?
Two limbs: (i) damages per matrix (plus CRU); (ii) costs to be paid/assessed per CPR (or as agreed).
9) What’s the best timing for a claimant Part 36?
Early—once liability/eligibility are clear—so you can leverage 36.17 at judgment. (Justice.gov.uk)
10) Does costs budgeting limit indemnity periods?
No; CPR 3.18 expressly bites only on the standard basis. (disputeresolutionblog.practicallaw.com)
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• Bills & e-Bills that map NIHL phases and evidence burden (PD 47-compliant).
• Part 36 strategy and protective wording so you don’t concede costs. (Justice.gov.uk)
• Negotiation & hearings: PoDs, Replies, Default Certificates, assessments — we press on until every penny is paid. (4newsquare.com)
• Military-claim know-how: we align arguments with Annex E exclusions and NIHL disclosure realities. (Justice.gov.uk)
First file free. info@dmdcosts.co.uk