Sarah Robson Barrister
0800 634 9650
The original Black Belt Barrister
email@sarahrobsonbarrister.co.uk
Fixed Costs Specialist
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.
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)
(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
(A court has the power to vary quantum of fixed SIIIA costs for conduct)
(Where claim not properly started in the Portal, SIIIA costs did not follow)
Cham (by their Litigation Friend, Laura Martin) v Aldred
(Deals with disbursements under SIIIA)
Santiago v MIB [2023] EWCA Civ 838
(Interpreter's fees are recoverable under SIIIA)