Leaving the Portals

(Leaving for technical non-compliance only not reasonable)

DJ Atkinson Leicester CC 25th Jan 2014;

reviewed DJ Atkinson 29th Sept 2014;

on appeal HHJ Hampton 20th Jan 2015

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

HHJ Platts, Manchester CC, 29th Nov 2012

(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

DJ Matharu, Manchester CC, 25th Jun 2013

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

Payne v Scott

DDJ Smedley, Birkenhead CC, 13th Jul 2015

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

Uppal v Daudia

DDJ Matthews, Leicester CC, 14th May 2012

(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

DDJ Corscadden, Manchester CC, 14th Jan 2015

(No test of reasonableness for total failure to use the Portal)

Monteith v Carroll

Liverpool CC, 17th Oct 2012

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

Hussain v Wardle

Stoke on Trent CC, DJ Rank, 25th Feb 2017

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

Bursuc v EUI Ltd

DJ Revere, Clerkenwell & Shoreditch CC, 30th May 2018

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

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