Qader & Ors v Esure Services Ltd

Qader & Ors v Esure Services Ltd

The fixed recoverable costs regime under CPR 45.29A applies to low value personal injury claims arising out of road traffic accidents that start under the RTA Protocol but no longer continue under that Protocol or the Stage 3 Procedure, even if the case proceeds on the multi track. The rule is clear and unambiguous, and there is no basis for purposive interpretation or for invoking the overriding objective to disapply the rule. The regime does not violate the Human Rights Act or Article 6 of the Convention.

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

Case Brief

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Parties

Shahow Qader & 2 Others

Claimants/appellants

Esure Services Limited

Defendant/respondent

Procedural Posture

Civil 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 to exclude multi track cases?
  3. 3 Does application of fixed recoverable costs in these circumstances violate the Human Rights Act 1998, section 3 and Article 6 of the Convention?

Ratio Decidendi

The fixed recoverable costs regime under CPR 45.29A applies to low value personal injury claims arising out of road traffic accidents that start under the RTA Protocol but no longer continue under that Protocol or the Stage 3 Procedure, even if the case proceeds on the multi track. The rule is clear and unambiguous, and there is no basis for purposive interpretation or for invoking the overriding objective to disapply the rule. The regime does not violate the Human Rights Act or Article 6 of the Convention.

Court Disposition

Appeal dismissed

Orders

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