Master Simmons, SCCO, 30th October 2013

The Claimant failed to use the Portal against the correct Defendant. Parties agreed damages and costs went for assessment. At first instance, the court held that an order for standard basis costs precluded an award under CPR 45.36 (now 45.24).  

However, Master Simmons held that he could only award costs which were proportionate and reasonably incurred. He found that all costs incurred above Portal costs were disproportionate and thus the Claimant was awarded Portal costs only.

NB the later decision of Brown v Ezeugwa found that standard basis costs did allow an award directly under CPR 45.36 (now 45.24) as well as under the proportionality test here.