Sarah Robson Barrister
(Leaving for technical non-compliance only not reasonable)
(First Tier Appeal - Failure to explain reason for offer not fatal)
(First Tier Appeal - CPR 45.24 engaged even when case automatically left, where that departure was caused by an act which the Claimant elected to take)
(Omission to act causing claim to leave Portal was an election to leave)
(Where judge ordered case out of Portal was still Claimant's election to leave)
(No obligation to make offer in Portal, unreasonable to leave for that, D's Costs awarded on indemnity basis following finding that C acted unreasonably)
Rafiania v All Type Scaffolding Ltd
(No test of reasonableness for total failure to use the Portal)
(Making a pre-med offer did not justify leaving the Portal)
(Claim left Portal after Claimant failed to include mandatory information in the CNF)
(Not unreasonable to leave Portal Protocol because became too complex, applications to limit C to Portal costs cannot be made until claim concluded)