Hislop v Perde [2018] EWCA Civ 1726 (23 July 2018)

Hislop v Perde [2018] EWCA Civ 1726 (23 July 2018)

In cases governed by the fixed costs regime under Section IIIA of Part 45, where a defendant accepts a claimant's Part 36 offer late but before trial, only fixed costs are recoverable unless exceptional circumstances under CPR 45.29J are proven. CPR 36.20 applies exclusively, and CPR 36.13 does not apply to fixed costs cases. There is no automatic entitlement to standard or indemnity costs for late acceptance.

Citation
[2018] EWCA Civ 1726
Parties
Claimant/respondent: Miss Mercel Hislop; Defendant/appellant: Miss Laura Perde; Claimant/respondent: Mrs Kundan Kaur; Defendant/appellant: Committee (for the time being) of Ramgarhia Board Leicester
Jurisdiction
England and Wales
Judgment Date
23 July 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals allowed; claimants limited to fixed costs.
Legal Topics
Fixed Costs Regime, CPR Part 36 Offers, Costs Assessment, Exceptional Circumstances
Civil Procedure Personal Injury Fixed Costs Regime CPR Part 36 Offers Costs Assessment Exceptional Circumstances

Case Brief

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Parties

Miss Mercel Hislop

Claimant/respondent

Miss Laura Perde

Defendant/appellant

Mrs Kundan Kaur

Claimant/respondent

Committee (for the time being) of Ramgarhia Board Leicester

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claimants in fixed costs cases can recover standard or indemnity costs after late acceptance of Part 36 offers
  2. 2 Interaction between CPR Part 36 and Part 45 fixed costs regime
  3. 3 Application of exceptional circumstances under CPR 45.29J

Ratio Decidendi

In cases governed by the fixed costs regime under Section IIIA of Part 45, where a defendant accepts a claimant's Part 36 offer late but before trial, only fixed costs are recoverable unless exceptional circumstances under CPR 45.29J are proven. CPR 36.20 applies exclusively, and CPR 36.13 does not apply to fixed costs cases. There is no automatic entitlement to standard or indemnity costs for late acceptance.

Court Disposition

Appeals allowed; claimants limited to fixed costs.

Orders

  • Order of Judge Walden-Smith overturned; order of District Judge Lenon QC restored in Hislop.
  • District Judge Reed's order in Kaur set aside; claimants entitled only to fixed costs.