Shahow Qader & Ors v Esure Services Ltd [2015] EWHC 18 (TCC) (15 October 2015)

Shahow Qader & Ors v Esure Services Ltd [2015] EWHC 18 (TCC) (15 October 2015)

The fixed recoverable costs regime under CPR 45.29A applies to low value personal injury claims arising from road traffic accidents that start under the RTA Protocol but proceed on the multi track; the rule is clear and unambiguous, and neither purposive interpretation nor the overriding objective justifies departing from its plain meaning; the regime is not contrary to Article 6 ECHR or the Human Rights Act 1998 due to the safeguards provided.

Citation
[2015] EWHC 18 (TCC)
Parties
Claimants/appellants: Shahow Qader & 2 Others; Defendant/respondent: Esure Services Limited
Jurisdiction
England and Wales
Judgment Date
15 October 2015
Procedural Posture
Appeal (application for Permission and Substantive Appeal) / Judgment on Application for Permission to Appeal And, If Granted, the Appeal
Outcome
Appeal dismissed
Legal Topics
Fixed Recoverable Costs, Road Traffic Accident Claims, Multi Track Allocation, Interpretation of CPR, Human Rights Act Article 6
Civil Procedure Personal Injury Fixed Recoverable Costs Road Traffic Accident Claims Multi Track Allocation Interpretation of CPR Human Rights Act Article 6

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Parties

Shahow Qader & 2 Others

Claimants/appellants

Esure Services Limited

Defendant/respondent

Procedural Posture

Appeal (application for Permission and Substantive Appeal) / Judgment on Application for Permission to Appeal And, If Granted, the Appeal

Legal Issues

  1. 1 Does the fixed recoverable costs regime under CPR 45.29A apply to low value personal injury claims arising from road traffic accidents that start under the RTA Protocol but proceed on the multi track?
  2. 2 Should CPR 45.29A be interpreted purposively or in accordance with the overriding objective to exclude multi track cases?
  3. 3 Is the application of fixed recoverable costs to such cases contrary to section 3 of the Human Rights Act 1998 and Article 6 of the ECHR?

Ratio Decidendi

The fixed recoverable costs regime under CPR 45.29A applies to low value personal injury claims arising from road traffic accidents that start under the RTA Protocol but proceed on the multi track; the rule is clear and unambiguous, and neither purposive interpretation nor the overriding objective justifies departing from its plain meaning; the regime is not contrary to Article 6 ECHR or the Human Rights Act 1998 due to the safeguards provided.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted under CPR 52.3(6)(a) and (b)
  • Appeal dismissed; DJ Salmon's order affirmed