Search Results

High Court Appeal decision in Miss Laura Attersley v UK Insurance Ltd [2025] EWHC 884 (KB). The claim had started in the portal but then left, so prima facie was subject to SIIIA fixed costs. The defendant made a Part 36 offer before the claim was allocated. The offer was later accepted, after the claim had been allocated to the multi track. The issue for the Court of Appeal was wehether open costs or fixed SIIIA costs should apply. The High Court found open costs applied. Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) 11th April 2025 The High Court grappled with the issue of what costs to award on acceptance of a Part 36 offer in a claim which had started in the Portal and then left, but which had been allocated to the multi track after the offer had been made, but before acceptance. The matter had first gone to HHJ Duddridge in Southend/Chelmsford on 26 Sept 2023, where he had decided it was unfair for the claimant to benefit in costs from late acceptance of the Part 36 offer. It had been common ground that had the offer been accepted at the time it would have been made, the Claimant would have only been entitled to fixed costs under SIIIA of CPR 45. However, the Circuit Judge had found that because Part 36 was a self-contained code, the rules of Part 36 should triumph. However, CPR 36.20 was headed "where SIIIA of Part 45 applies". SIIIA was disapplied retrospectively by the allocation to the multi track. At [62] the court held: "...there was in any event more force in the claimant’s argument that the defendant’s argument produced an absurd result: it would lead a claimant who has properly started her claim under a relevant Protocol in what then appeared to be a fairly standard RTA whiplash claim that turned out to be a claim of very significant value requiring very considerable expenditure on expert evidence and legal costs in a claim suitable for the multi-track – to be subsequently penalised in costs. It may well deter claimants from using the RTA Protocol in any case where there was any uncertainty about prognosis and sequelae and thus be counter to the intention of the 2013 reforms and the overriding objective. It could have a deterrent effect on using the relevant Protocols at an early stage and risk preventing cases from being dealt with expeditiously and fairly." The High Court found that the Claimant was entitled to open costs at [74] thus: "...on allocation to the multi-track costs fall to be assessed in accordance with Pt 44 and are not fixed and calculated by reference to the tables." and at [76]: "..CPR 36.20 did not therefore apply to this case at the moment when the Pt 36 offer was accepted." and at [81]: "I therefore conclude that both on a purposive and also a literal reading of the rules where an ex-Protocol case is allocated to the multi-track, it comes out of Section IIIA by the wording of CPR 45.29B and Part 36(20) does not apply." Alex Hutton KC and Thomas Mason for the Claimant Appellant Andrew Roy KC for the Defendant Respondent Click here for the judgment Key Point The Claimant was entitled to open costs in an ex-Portal case, where a Part 36 offer made before the offer was accepted after the claim had been allocated to the multi-track. Go back to Main Index Main Index Go back to Topic Index Topic Index

Key Point Key Point The bar for exceptional circumstances is a high one and The basket of cases against which one assesses exceptionality is all those cases which start in the Portal and then leave Ferri v Gill [2019] EWHC 952 (QB) The lower court had erred in finding that the bar was low. It was in fact a very high bar. At [43] the court held: "As the House of Lords said in R v Soneji, an expression such as “exceptional circumstances” must take its colour from the setting in which it appears. The setting in which it appears informs the Court whether a strict approach to exceptional is or is not warranted. " The second question was whether the Master was right in defining the ‘basket’ of cases compared with which a case needs to have “exceptional circumstances”. At [47] the court held "It is clear that the basket of cases against which a case must demonstrate “exceptional circumstances” is the type of cases that have exited the Portal and are subject to the Part IIIA regime." The case was remitted back to Master Gordon-Saker to be assessed again. However, no judgment appears anywhere I can find, so it does seem likely the case then settled. If anyone knows any differently, please let me know. Click here for a copy of the judgment Go back to Main Index Main Index Go back to Topic Index Topic Index

Key Point Key Point Common law Mistake does not apply in the MOJ Portal Protocol Draper v Newport DJ Baker, Birkenhead CC, 3rd September 2014 Here the only issue was whether common law mistake applied to cases in the Portal. The Claimant's solicitor accidentally accepted the Defendant's offer. She immediately rang the Defendant but was unable to get through to the correct person. She uploaded a letter to the Portal within half an hour to confirm that the offer had been accepted in error. The judge considered the nature of the Portal and went through the facts against the over-riding objective. He determined that it would fundamentally undermine the Portal if common law mistake was allowed to apply. The Claimant's solicitor simply should have been more careful. It has been interesting to see how often this first instance and non-binding decision has been followed. It took 4 years for anyone to bring the issue to first tier appeal in Fitton v Ageas. Interestingly both counsel in the later case of Harris v Brown submitted that the Claimant here did not know that a mistake had been made, and thus distinguished it. Unfortunately that is clearly wrong, as the Claimant here was well aware that they had made a mistake, as shown by them uploading the letter to say exactly that. Click here for a copy of the judgment Go back to Main Index Main Index Go back to Topic Index Topic Index

Key Point Key Point Where there are two claimants in a SIIIA fixed costs claim, each claimant is entitled to a separate award of fixed costs Melloy & Anor v UK Insurance Ltd [2022] EW Misc 4 (CC) The court had to consider what costs to award two claimants where they had brought separate claims in the portal, but a joint claim in Part 7 proceedings. At [10], HHJ Glen held that 'claim' and 'claimant' refer to the claim started by, and the claimant who submitted the CNF, rather than to the claim or claimant in the proceedings. He derived support for this position from West v Burton [2021] EWCA Civ 1005, where the court found that the executor of a claimant who had died after Portal proceedings had commenced was not 'the claimant' for the purposes of fixed costs on leaving the Portal. Therefore, he concluded that where there were two or more claimants in proceedings for damages that fall within SIIIA of CPR 45, assuming each had submitted a CNF, were separately entitled to all the costs set out in Table 6B. Click here for a copy of the judgment Go back to Main Index Main Index Go back to Topic Index Topic Index

Key Point

Key Point Key Point Interpreter's fees are recoverable under SIIIA Santiago v MIB [2023] EWCA Civ 838 Here the Court of Appeal grappled with the problem that interpreter's fees were, prima facie, not recoverable as a disbursement in a case to which SIIIA fixed costs applied. Following Cham v Aldred, it was generally accepted that a disbursement could only be recoverable if it arose because of a particular feature of the dispute. In Cham, the disbursement there arose because of a particular feature of the Claimant, namely that they were a child, and thus needed an opinion on quantum before any settlement could be approved. CPR 45.19(2)(e) stipulated that any disbursement not specified could only be recoverable it is arose because of a particular feature of the dispute. As the disbursement arose because of a particular feature of the Claimant, it was not recoverable. The same would therefore apply to interpreter's fees. However, since Cham had been decided, the Civil Justice Council published a report called 'Vulnerable Witnesses and Parties within the Civil Proceedings/ Current position and Recommendations for Change.' This report was addressing the critical need to ensure fair access to justice, and noted the need for interpreters, and that being unable to understand the proceedings made a person vulnerable, in that they could not participate nor give their best evidence. The court had regard to CPR 1.2(b) which required the court to give effect to the overriding objective when interpreting any rule, to ensure parties are on an equal footing and that the case is dealt with fairly. At [62] the court held: the use of the word “other” in sub-paragraph (h) supports the broader interpretation because it implies that the travel expenses and loss of earnings incurred by a party and allowed under sub-paragraphs (f) and (g) are disbursements that are “due to a particular feature of the dispute.” The common feature of such costs is that they facilitate the attendance of a party or witness and thus put the parties on an equal footing by enabling the party or witness to participate fully in the hearing. That is also a defining feature of the cost of an interpreter, without whom the party or witness cannot participate fully in the hearing and, specifically, cannot give their best evidence. Allowing the interpreter’s fee to be recovered under subparagraph (h) is therefore consistent with the inclusion of the disbursements allowed under sub-paragraphs (f) and (g). I would therefore hold that the application of normal principles of construction does not preclude the interpretation of sub-paragraph (h) for which Mr Williams contends. Far from it: in my judgment, the application of normal principles strongly supports his proposed interpretation. I would have reached this conclusion before the 2021 Amendments. At [59] the court noted that in Cham, the disbursement was only incurred after parties had settled, so had no impact on reaching the settlement concerned, whereas without an interpreter, a Claimant who did not speak English could not even get their claim off the ground. The court also noted that the cost of counsel's advice was deemded to be included in the costs allowed in Table 6B, whereas if an interpreter's fee was not recoverable as a disbursement, it was not remunerated at all, either actually or notionally. Therefore the Court of Appeal held that the cost of translator fees were recoverable. At [64] they concluded: "This distinction permits us to conclude that we are not bound by Cham to adopt an interpretation of sub-paragraph (h) which is not in accordance with the overriding objective on the different facts that are in play in the present appeal. I would accept that the effect of Cham is that a disbursement should ordinarily be held to be “reasonably incurred due to a particular feature of the dispute” within sub-paragraph (h) if it was required to enable the determination by the Court of a particular issue in the case rather than because of a particular characteristic of a party or witness. However, where considerations of access to justice arise, a broader interpretation is necessary to enable the dispute to be determined by the Court in accordance with the overriding objective. It follows, in my judgment, that the independent interpreter’s fee (assuming it to be reasonably incurred) is properly to be regarded as a disbursement falling within sub-paragraph (h)." Click here for a copy of the judgment Go back to Main Index Main Index Go back to Topic Index Topic Index

Key Point

Key Point

Key Point

Index of Cases to do with all types of Fixed and Portal costs, grouped by topics, with case summaries and link to judgments where available. Including Asmat Bi v Tesco Underwriting Ltd on the October 23 extention to fixed costs Index Fixed Costs Cases List of Topics New Fixed Costs cases from Oct 2023 Soft Tissue Injury Claims Common Law Principles do not apply in Portals Individual Heads of Loss in Portals Pre-Oct 23 SIIIA CPR 45 - Fixed costs on leaving the Portals Part 36 offers and Pre-Oct 23 SIIIA Fixed costs When CPR 45x.24/CPR 45.35 can be applied Leaving the Portals Cannot use Hindsight or Speculation in MOJ Portals Using the Portals Montreal Convention Claims and the Portals Are Portal Admissions binding outside the Portal? Portal Offers outside the Portal Portal Exceptional Circumstances Costs CPR 45x.29J Miscellaneous matters - Interim Payments, Montreal Convention claims, Range of Prognosis, Offer of zero Search the site here: Oct 23+ New Fixed Costs Cases Asmat Bi v Tesco Underwriting Ltd HHJ Sephton KC, Manchester CC, Aug 2024, claim no K04MA298 Whilst only a first tier hearing, Asmat Bi v Tesco Underwriting is useful as a point of reference given the paucity of case law on the October 23 extension to fixed costs. Here the court was considering the incidence of costs in a case where a non-personal injury claim had settled by acceptance of a Part 36 offer without the need for proceedings, and notably before the commencement of the new fixed costs regime. Costs could not be agreed, and so the claimant brought Part 8 proceedings. HHJ Sephton found that the Amendment Rules (SI 572/2023) were procedural in nature, and therefore followed the general convention that they were retrospective in effect. He found the Claimant's entitlement to costs only crystallised after the costs had been assessed, allowed or agreed. Thus the case fell to be decided under the costs rules then rather than at the point of settlement, which was under the extended fixed costs. This case is not without its critics. Clearly the parties contracted for settlement on the basis they would pay the costs applicable at the time of settlement. Clarity from a higher court would be very much appreciated! Judgment Click here for a copy of the judgment Soft Tissue Injuries Claims Mason v Laing HHJ Gosnell, Bradford CC, 20th Jan 20 The Portal rules are strict; if in a soft tissue injury claim the first report is not disclosed before subsequent ones, a Claimant cannot rely on the subsequent reports. Greyson v Fuller [2022] EWHC 211 (QB) A claimant failed to disclose a first report before a subsequent report, so were held to be in breach of para 7.8A of the RTA Protocol. However, the judge allowed the claimant Relief from Sanction. On appeal the High Court said the proper sanction was costs, not exclusion of the evidence. Moesaid v Calder DDJ Kube, Manchester CC, 27th Aug 2021 Where a subsequent report took the claim out of the definition of soft tissue injury claim, it did not matter when the reports were disclosed, the special rules on soft tissue injuries did not apply. Abdulmalik v Calder DJ Carter, Manchester CC, 2nd Feb 2022 There was no requirement for the first report to be disclosed before the second report was obtained, only disclosed. However, compliance with the order of disclosure required did not mean that the cost of the report would automatically be allowed - the court could still disallow it for other reasons. The time to consider whether the claim was a soft tissue injury claim was when the second report was being disclosed. Common Law Principles do not apply in the Portal Draper v Newport DJ Baker, Birkenhead CC, 3rd Sept 2014 (Common Law Mistake does not apply in the Portals) Fitton v Ageas DJ Parker, Liverpool CC, 8th Nov 2018 (Common Law Mistake does not apply in the Portals) Harris v Brown HHJ Davey QC, Bradford CC, 18th Jun 2019 (Common Law Mistake does apply in the Portals) Kilby v Brown DJ Peake, Birkenhead CC, 10th Feb 2014 (Waiver & Affirmation do not apply in the Portals) Purcell v McGarry HHJ Gore QC, Liverpool CC, Friday 7th Dec 2012 (First Tier Appeal - Offer and Acceptance does not apply in the Portals) Patel v Fortis Recorder Morgan, Leicester CC, 5th Dec 2011 (Non-Portal CPRs do not apply in the Portals) Individual Heads of Loss Bewicke-Copley v Ibeh DJ Vincent, Oxford CC, 4th Jun 2015 (Agreed individual heads of loss are binding) Bushell v Parry HHJ Gregory, Liverpool CC, 15th March 2015 (First Tier Appeal - Agreed individual heads of loss are not binding) Maddocks v Lyn e HHJ Wood QC, Chester CC, 22nd January 2016 (First Tier Appeal - Agreed individual heads of loss are normally binding, entire Portal settlements are binding) Phillips v Willis [2016] EWCA Civ 401 (Irrational for judge to order case out of Portal, individual heads of loss can be agreed) Old SIIIA CPR 45x Fixed costs on leaving the Portal Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (When a Part 36 offer is made before a claim is allocated to the multi-track, but accepted after allocation, the effect of the allocation is retrospective and thus open costs apply) Melloy & Anor v UK Insurance Ltd [2002] EW Misc 4 (CC) (Where there is more than one claimant in a SIIIA claim, each party is entitled to a set of SIIIA fixed costs) West v Burton [ 2021] EWCA Civ 1005 (SIIIA costs do not apply where the claimant dies whilst the claim is in the Portal) Coleman v Townsend Master Haworth, SCCO, 13th July 2020 (What disbursements can be allowed post- Cham in SIIIA cases) Hislop v Perde: Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726 (No indemnity costs on late acceptance of a Part 36 where SIIIA applies) Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94 (SIIIA Indemnity costs are hourly rate not fixed) Qader v Esure Services Ltd [2016] EWCA Civ 1109 (Exception to SIIIA costs where allocated to multi-track) Sharp v Leeds City Council [2017] EWCA Civ 33 (SIIIA fixed costs for interim applications apply even for Pre-Action Disclosure applications) Bird v Acorn [2016] EWCA Civ 1096 (Re stage of fixed costs) Chapman v Tameside Hospital NHS Foundation Trust DJ Swindley, Bolton County Court, 15th Jun 2016 (A court has the power to vary quantum of fixed SIIIA costs for conduct) Petit v MIB & 5 Ors DJ Pollard, Brighton CC, 15th Feb 2017 (Where claim not properly started in the Portal, SIIIA costs did not follow) Cham (by their Litigation Friend Laura Martin) v Aldred [2019] EWCA Civ 1780 (Deals with disbursements under SIIIA) Santiago v MIB [2023] EWCA Civ 838 (Interpreter's fees are recoverable under SIIIA) Part 36 offers & (old) SIIIA Fixed costs Cookson v Manchester City Council HHJ Main QC, Manchester CC, 28.04.17 (Acceptance of a Part 36 offer removes the court's powers under CPR 45.24 to limit the claimant to Portal costs) Ansell v AT&T DDJ Lynch, Slough County Court, 12th June 2017 (first instance) HHJ Clarke, Oxford County Court, 14th December 2017 (on appeal) (Acceptance of a Part 36 offer does not remove the court's powers under CPR 45.24 to limit the claimant to Portal costs) When CPR 45.24 can be applied (now CPR 45.35) Brown v Ezeugwa HHJ Simpkiss (Designated Circuit Judge) with DJ Lethem (Regional Costs Judge) as assessor Tunbridge Wells CC, 23rd January 2014 (First Tier Appeal - Fixed costs can be awarded on assessment; not limited to when order for costs made/agreed) Davies v Greenway Master Simons, SCCO, 30th Oct 2013 (Appeal to SCCO - Fixed costs can be awarded on assessment and standard basis does not exclude fixed costs) Williams v Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 (Where CPR 45.24 could not be used, but the court could get to the same result otherwise) Timothy Taylor & 27 Ors v ZStage (UK) Ltd Real China Restaurant DJ Griffith, Birmingham CC, 3rd Sept 2019 (Following total non-use of the Portal, an agreement by way of Tomlin Order to settle damages counted as a judgment for the purposes of CPR 45.24, and the court ordered the Defendant to pay no more than portal costs under CPR 45.24(2)(c). Sarah Robson for the Defendant, against Roger Mallalieu.) The Claimant indicated they were going to appeal, but ultimately did not do so. Leaving the Portals Patel v Fortis Recorder Morgan, Leicester CC, 5th Dec 2011 (Leaving for technical non-compliance only not reasonable) Modhwadia v Modhwadia 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) Ilahi v Usman 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 October 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) Cannot use Hindsight or Speculation Raja v Day & MIB HHJ Gregory, Liverpool CC, 02.03.15 (Cannot take into account would have left the Portal anyway) Tennant v Cottrell DJ Jenkinson, Liverpool CC, 11th December 2014 (Cannot change reason for leaving, nor retrospectively justify reason) Dawrant v Part & Parcel Network Ltd HHJ Parker, Liverpool CC, 28th Apr 2016 Sitting with Regional Costs Judge Jenkinson, as Assessor (First Tier Appeal - Cannot use hindsight when a case has left the Portal) Ryan v Hack ett [2020] EWHC 288 (QB) (Could take into account what happens after a claim leaves the Portal when determining costs on the facts of this case) Using the Portals London Borough of Islington v Bourous, Davis & Yousaf [2022] EWCA Civ 1242 Approved Mulholland v Hughes that a party cannot argue something in Stage 3 not raised in Stage 2, and commented that the White Book note re Phillips v Willis is not accurate. Wickes Building Supplies Ltd v Blair (No.2) Costs [2020] EWCA Civ 17 The Court of Appeal agreed with Sarah Robson that QOCS applied to this second tier appeal, preferring the reasoning of Edis J in Parker v Butler [2016] EWHC 1251 (QB) over that in both Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 and Hawksford Trustees Jersey Ltd v Stella Global UK Ltd and another [2012] EWCA Civ 987. Not to apply QOCS on appeals would deny access to justice. (1) Akram v Aviva Insurance Ltd and (2) Mahmood v Tillott HHJ Jarman QC, Wrexham CC, 29.09.21 The Claimants in both appeals relied on emails from their solicitors uploaded in Stage 2 at the Stage 3 hearings. The Defendant appealed both arguing no weight should be given to the contents of those emails, and that the information therein could only be provided by way of witness statement. HHJ Jarman QC upheld both lower court decisions finding that this was appropriate in the fairly rough justice of the Portal. Mulholland v Hughes HHJ Freedman, Newcastle CC, 18.09.15 First Tier Appeal - Offers in the Portal do not amount to admissions, Claimants have to repay over-payment of damages in non-settlement payment, Arguments at Stage 3 limited by those in Stage 2 pack. Khan v Alliance Insurance Plc HHJ Gosnell, Leeds CC, 01.06.20 Judge cannot raise an issue in Stage 3 not raised by the parties in Stage 2; Defendant can only challenge claim in limited way in the Portal. Mozzano v Riwa DDJ Dawson, Birkenhead CC, 24th April 2012 Multiple CNFs - how to deal. Raja v Day & MIB HHJ Gregory, Liverpool CC, 02.03.15 First Tier Appeal - Default position on finding a Portal breach is fixed costs, burden shifts to Claimant to show why should not apply. Smith v Owen Birkenhead CC, DJ Campbell, 30th Nov 2016 Unreasonable exit for non payment of disbursement. Liverpoo l Victoria Insurance Co Ltd v Yavuz & Ors [2017] EWHC 3088 (QB) (6 Dec 2017) Contempt re completion of CNF. David Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 Limitation, Stays and Service of a Portal Claim form. Portal Offers outside the Portal Purcell v McGarry HHJ Gore QC, Liverpool CC, Friday 7th Dec 2012 Portal offers are open for acceptance in Stage 3 Akinrodoye v Esure DJ Goodchild, Romford CC, 16th Feb 2015 Portal offers are open for acceptance even after Part 7 proceedings issued Ingrid Smith v Greater Manchester Buses South Ltd HHJ Main QC, Manchester CC, 17th Dec 2015 Protocol offers only remain open for acceptance after a claim leaves the Portal. Castle v Andrews & Dickens Ltd DJ Doyle, Birkenhead CC, 21st Nov 2019 (Protocol offers are open for acceptance after a claim leaves the Portal, not Portal offers Are Portal Admissions binding outside the Portal? Ullah v Jon DJ Parker, Croydon CC, 20th Mar 2013 Portal Admissions are binding outside the Portals Malak v Nasim DJ Woods, Watford CC, December 2014 Portal Admissions are not binding outside the Portals Chimel v Chibwana & Williams HHJ Simpkiss, Reigate CC, 31st October 2016 First Tier Appeal - Portal Admission is binding outside the Portal, Ullah and Malak considered, Ullah preferred Maddocks v Lyne HHJ Wood QC, Chester CC, 22nd Jan 2016 First Tier Appeal - Entire Portal settlements are binding Mukadam v Nazir HHJ Khan, Preston CC, 14th May 2020 First Tier Appeal - side note on Portal admission noting was made without driver's instructions did not change effect of admission made by employer's insurers Mullen v Nelson Insurance Co Ltd HHJ Wood QC, Liverpool CC, 2nd Oct 2020 F irst Tier Appeal - Portal admission made by Insurer of Employer was binding on Employee, Chimel followed Exceptional Circumstances Costs - CPR 45.29J Ferri v Gill [2019] EWHC 952 (QB) Considered what the basket of cases was in a CPR 45.29J application, and test was a high bar Jackson v Barfoot Farms DJ Jackson, Canterbury County Court, 29th Nov 2017 Whether agreement to pay costs on the standard basis excluded the award of fixed costs, and non-fixed costs were awarded as the case was exceptional per CPR 45.29J Crompton v Meadowcroft (Costs ) [2021] EW Misc 20 (24 Aug 21) CPR 45.29J Exceptional circumstances costs awarded in case with multiple experts, 13 reports, 11 sets of records, MRI scans, multiple surgeries caused, CBT & Physio needed, Ogden calculations, Smith & Manchester calculation Lloyd v 2 Sisters Poultry Ltd (Costs) [2019] EW Misc (29 Jan 19) Exceptional circumstances costs awarded under CPR 45.29J where C had permanent disability, complex loss of earnings claim/Billet calculation using Ogden tables, extensive specials, very long witness statements Baker v Flynn The lower court awarded exceptional circumstances costs under CPR 45.29J - the fact that liability was in dispute was a major consideration, there were also issues under the Equality Act, use of Ogden tables, pension loss and so forth. Upheld on appeal for same reasons West v Olakanpo [2020] EWHC 3830 (QB) Exceptional circumstances costs awarded at first instance for fundamental dishonesty, overturned on appeal as evidence not tested in cross-examination Miscellaneous cases Offer of Zero is a Valid Offer Dickinson v Langford Birkenhead CC, 14th Feb 2013 Piotr Glazer v Nathan Reid DDJ Johnson, Liverpool CC, 2nd Mar 2012 Range of Prognosis Period given Dominic v Martin HHJ Stewart QC, Manchester CC, 21st Jul 2011 (First Portal appeal, established that should award in middle where range of prognosis given in absence of witness evidence) Interim Payments Luvin v Ageas Insurance Ltd DJ Doyle, Birkenhead CC, 17th Sept 2015 (Sets out the rules and procedure on interim payments) Ampratwum v Zbigniew Samajeden & Esure Birkenhead CC, 5th Jun 2013 (special rules on interim payments for vehicle related damages - judgment not available) Montreal Convention Claims Mead v British Airways PLC DJ Moss, Manchester County Court, 15th Jan 2018 (The Portal does not apply to Montreal Convention Claims) McKendry v Br itish Airways PLC DJ Baldwin (sitting as Regional Costs Judge) Liverpool County Court, 16th May 2018 (The Portal does not apply to Montreal Convention Claims) Submissions gratefully received Sarah Robson is always very happy to receive any cases on matters related to fixed costs to add to her website.

Case law on SIIIA CPR 45 costs, cases which have started in the MOJ Portal but then left. Old SIIIA CPR 45x Fixed costs on leaving the Portal Cases which leave the portals are still subject to the old fixed costs regime under SIIIA of CPR 45x. An x is used after CPR 45 following the convention in the White Book to denote these are the old rules albeit they are still in force for some claims. Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (When a Part 36 offer is made before a claim is allocated to the multi-track, but accepted after allocation, the effect of the allocation is retrospective and thus open costs apply) Melloy & Anor v UK Insurance Ltd [2002] EW Misc 4 (CC) (Where there is more than one claimant in a SIIIA claim, each party is entitled to a set of SIIIA fixed costs) West v Burton [2021] EWCA Civ 1005 (SIIIA costs do not apply where the claimant dies whilst the claim is in the Portal) Coleman v Townsend Master Haworth, SCCO, 13.07.20 (What disbursements can be allowed post-Cham in SIIIA cases) Hislop v Perde; Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726 (No indemnity costs on late acceptance of a Part 36 where SIIIA applies) Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94 (SIIIA Indemnity costs are hourly rate not fixed) Qader v Esure Services Ltd [2016] EWCA Civ 1109 (Exception to SIIIA costs where allocated to multi-track) Sharp v Leeds City Council [2017] EWCA Civ 33 (SIIIA fixed costs for interim applications apply even for Pre-Action Disclosure applications) Bird v Acorn [2016] EWCA Civ 1096 (Re stage of fixed costs) Chapman v Tameside Hospital NHS Foundation Trust DJ Swindley, Bolton County Court, 15th Jun 2016 (A court has the power to vary quantum of fixed SIIIA costs for conduct) Petit v MIB v 5 Ors DJ Pollard, Brighton CC, 15.02.17 (Where claim not properly started in the Portal, SIIIA costs did not follow) Cham (by their Litigation Friend, Laura Martin) v Aldred [2019] EWCA Civ 1780 (Deals with disbursements under SIIIA) Santiago v MIB [2023] EWCA Civ 838 (Interpreter's fees are recoverable under SIIIA) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Case law on the new expanded fixed costs regime from October 2023. Including Asmat Bi v Tesco Underwriting Ltd. Oct 23 New Fixed Costs Cases Asmat Bi v Tesco Underwriting Ltd When settled pre-Oct 23 pre proceedings, which costs apply Go Back to Index Click on the button below to go back to the case law index Index