Sarah Robson Barrister
Failure to give reasons for offering less than the full sum sought on general damages did not justify leaving the Portal
Modhwadia v Modhwadia
DJ Atkinson Leicester CC 25.01.14; reviewed DJ Atkinson 29.09.14;
on appeal HHJ Hampton 20.01.15
In this Detailed Assessment the issue was whether the Defendant's failure to explain why they had offered less than the full sum sought for general damages justified the claim in leaving the Portal. On paper provisional assessment the court held that it did. However, on oral review the court held that it was unreasonable, and restricted the Claimant to no more than Portal costs.
The Claimant appealed, arguing that when the Defendant failed to comply with the Portal rules, the claim came out of the Portal automatically and thus did not engage CPR 45.24. However the judge disagreed, finding that although there had been a breach of the Protocol by the Defendant, it did not prevent the claim from continuing in the Portal for the rest of Stage 2. It was only after Stage 2 had ended that the Claimant removed the claim from the Portal. That removal was not justified, and the Claimant was restricted to Portal costs.