Attersley v UK Insurance Ltd [2026] EWCA Civ 217 (04 March 2026)

Where a Part 36 offer is accepted after the relevant period in an ex-Protocol RTA claim not yet allocated to the multi-track at expiry, rule 36.20 applies and claimant is restricted to fixed costs; subsequent allocation does not retrospectively disapply fixed costs regime for costs incurred before allocation.

Citation: [2026] EWCA Civ 217
Parties: Claimant/respondent: Laura Attersley; Defendant/appellant: UK Insurance Limited
Jurisdiction: England and Wales
Judgment Date: 04 March 2026
Procedural Posture: Appeal From High Court (king's Bench Division) / Court of Appeal Judgment
Outcome: Appeal allowed; order of HH Judge Duddridge restored.
Legal Topics: Costs Consequences of Part 36 Offer, Fixed Recoverable Costs, Multi Track Allocation, RTA Protocol Claims

Civil Procedure Personal Injury Costs Consequences of Part 36 Offer Fixed Recoverable Costs Multi Track Allocation RTA Protocol Claims

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Parties

Laura Attersley

Claimant/respondent

UK Insurance Limited

Defendant/appellant

Procedural Posture

Appeal From High Court (king's Bench Division) / Court of Appeal Judgment

Legal Issues

1 Whether claimant is restricted to fixed costs under Part 45 or entitled to standard basis costs after late acceptance of Part 36 offer in ex-Protocol RTA claim allocated to multi-track

Ratio Decidendi

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.
Costs to be determined in accordance with rule 36.20.