Sarah Robson Barrister

Leaving the Portals

Patel v Fortis

(Leaving for technical non-compliance only not reasonable)


Modhwadia v Modhwadia

(First Tier Appeal - Failure to explain reason for offer not fatal)


Ilahi v Usman

(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)


Doyle v Manchester Audi

(Omission to act causing claim to leave Portal was an election to leave)


Payne v Scott

(Where judge ordered case out of Portal was still Claimant's election to leave)


Uppal v Daudia

(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 under CPR45.24(2)(c).)


Monteith v Carroll

(Making a pre-med offer did not justify leaving the Portal)


Hussain v Wardle

(Claim left Portal after Claimant failed to include mandatory information in the CNF)


Bursuc v EUI Ltd

(Not unreasonable to leave Portal Protocol because became too complex, applications to limit C to Portal costs cannot be made until claim concluded)