Laura Attersley v UK Insurance Limited
Where a Part 36 offer is accepted after the relevant period in an ex-Protocol claim not yet allocated to the multi-track at expiry of the relevant period, rule 36.20 applies and claimant is restricted to fixed costs; allocation to the multi-track after expiry does not retrospectively disapply fixed costs regime.
- Parties
- Claimant/respondent: Laura Attersley; Defendant/appellant: UK Insurance Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 03 April 2026
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; order of HH Judge Duddridge restored.
- Legal Topics
- Costs, Fixed Costs, Part 36 Offers, RTA Protocol, Multi Track Allocation
Case Brief
Summary, issues, holding and outcome
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Parties
Laura Attersley
Claimant/respondent
UK Insurance Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the claimant is restricted to fixed costs under Part 45 or entitled to costs on the standard basis after accepting a Part 36 offer post-relevant period in a case allocated to the multi-track
Ratio Decidendi
Where a Part 36 offer is accepted after the relevant period in an ex-Protocol claim not yet allocated to the multi-track at expiry of the relevant period, rule 36.20 applies and claimant is restricted to fixed costs; allocation to the multi-track after expiry does not retrospectively disapply fixed costs regime.
Court Disposition
Appeal allowed; order of HH Judge Duddridge restored.
Orders
- Claimant restricted to fixed costs under Part 45 Section IIIA as at expiry of relevant period.
- No need to consider alternative ground based on Williams.
Full Case Text
Judgment text and source record
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