Santiago v Motor Insurers' Bureau [2023] EWCA Civ 838 (13 July 2023)

Interpreter's fees, when reasonably incurred to enable a party or witness to participate fully in proceedings and give their best evidence, are recoverable as a disbursement under CPR 45.29I(h), as this interpretation aligns with the overriding objective and ensures access to justice for vulnerable parties.

Citation: [2023] EWCA Civ 838
Parties: Appellant/claimant: Raphael De Lima Santiago; Respondent/defendant: Motor Insurers' Bureau
Jurisdiction: England and Wales
Judgment Date: 13 July 2023
Procedural Posture: Civil Appeal / Appeal From County Court Decision to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Fixed Recoverable Costs, Disbursements, Interpreter Fees, Access to Justice, Vulnerable Parties

Civil Procedure Costs Fixed Recoverable Costs Disbursements Interpreter Fees Access to Justice Vulnerable Parties

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Parties

Raphael De Lima Santiago

Appellant/claimant

Motor Insurers' Bureau

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision to Court of Appeal

Legal Issues

1 Whether interpreter's fees are recoverable as a disbursement under CPR 45.29I(h) in fixed costs cases where the claimant requires an interpreter at trial.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Interpreter's fees of £924 are recoverable as a disbursement under CPR 45.29I(h).