Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (11 April 2025)

Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (11 April 2025)

Upon allocation to the multi-track, Section IIIA of Part 45 and the fixed costs regime are disapplied retrospectively; therefore, CPR 36.20 does not apply and the claimant is entitled to costs assessed on the standard basis up to the expiry of the relevant period of the Part 36 offer.

Citation
[2025] EWHC 884 (KB)
Parties
Appellant/claimant: Miss Laura Attersley; Respondent/defendant: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Appeal / Judgment on Appeal From County Court at Southend
Outcome
Appeal allowed
Legal Topics
Costs, Fixed Costs Regime, Part 36 Offers, Multi Track Allocation, Statutory Interpretation
Civil Procedure Personal Injury Costs Fixed Costs Regime Part 36 Offers Multi Track Allocation Statutory Interpretation

Case Brief

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Parties

Miss Laura Attersley

Appellant/claimant

UK Insurance Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court at Southend

Legal Issues

  1. 1 Whether CPR 36.20 applies to costs in ex-Protocol personal injury claims allocated to the multi-track after late acceptance of a Part 36 offer
  2. 2 Whether fixed costs or standard basis costs are recoverable up to expiry of the relevant period of a Part 36 offer

Ratio Decidendi

Upon allocation to the multi-track, Section IIIA of Part 45 and the fixed costs regime are disapplied retrospectively; therefore, CPR 36.20 does not apply and the claimant is entitled to costs assessed on the standard basis up to the expiry of the relevant period of the Part 36 offer.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to costs assessed on the standard basis up to expiry of the relevant period of the Part 36 offer
  • Defendant to pay claimant's costs accordingly