Using the Portals

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.

Wickes Building Supplies Ltd v Blair

[2019] EWCA Civ 1934

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.

(1) Akram v Aviva Insurance Ltd and (2) Mahmood v Tillott

HHJ Jarman QC, Wrexham CC, 29th Sept 2021

(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, 18th Sept 2015

(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, 1st Jun 2020

(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 November 2016

(Unreasonable exit for non payment of tiny disbursement.)