[2017] EWCA Civ 33

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Here the issue was whether SIIIA CPR 45 fixed costs applied on Pre-Action Disclosure ("PAD") applications.  At first instance, it was held they did not apply, however on first-tier appeal the court said SIIIA did apply.  The Court of Appeal held that SIIIA costs did apply. PAD applications were not in a class of their own.  To recognise implied exceptions to the application of fixed costs would undermine the whole fixed costs scheme.

 

This case confirms the 'blanket' application of SIIIA fixed costs. The only exceptions are as stated in CPR 45.29A(2), for disease claims, CPR 4529A(3) for costs assessed under CPR 45.24 and CPR 45.29B for claims allocated to the multi-track.