Sarah Robson Barrister
Wickes Building Supplies Ltd v Blair (No.2) Costs  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  EWHC 1251 (QB) over that in both Wagenaar v Weekend Travel Ltd  EWCA Civ 1105 and Hawksford Trustees Jersey Ltd v Stella Global UK Ltd and another  EWCA Civ 987. Not to apply QOCS on appeals would deny access to justice.
The Court of Appeal considered whether objecting to the claimant's late witness statement, served just a couple of days after the end of Stage 2, was objecting to the claim under para 9.1 of PD 8B. At first instance the court had simply rejected the late statement. At first tier appeal the court found that the defendant was opposing the claim because the evidence was not provided under the relevant protocol. However, the Court of Appeal held the judge at first instance was correct, and quashed the first tier appeal decision.
(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.)
(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)
(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)
(Multiple CNFs - how to deal)
(Witness statements permitted under the  Protocol)
(First Tier Appeal - Default position on finding a Portal breach is fixed costs, burden shifts to Claimant to show why should not apply)
(Unreasonable exit for non payment of disbursement)
(Contempt re completion of CNF)
(Limitation, Stays and Service of a Portal Claim form)