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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)

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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)

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