Hislop v Perde

Hislop v Perde

In fixed costs cases under Section IIIA of Part 45, where a defendant accepts a claimant's Part 36 offer late but before trial, the claimant is only entitled to fixed costs unless exceptional circumstances under r.45.29J are established. There is no entitlement to standard or indemnity costs solely due to late acceptance. The fixed costs regime is comprehensive and exceptions must be expressly provided for or justified by exceptional circumstances.

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
Civil Appeal (costs) / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeals allowed; lower court orders set aside; fixed costs only recoverable.
Legal Topics
Fixed Costs Regime, CPR Part 36 Offers, Indemnity Costs, Exceptional Circumstances Under R.45.29 J
Civil Procedure Costs Fixed Costs Regime CPR Part 36 Offers Indemnity Costs Exceptional Circumstances Under R.45.29 J

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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

Civil Appeal (costs) / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether a claimant in a fixed costs case can recover standard or indemnity costs when a defendant accepts a Part 36 offer late, but before trial.
  2. 2 Whether late acceptance of a Part 36 offer constitutes 'exceptional circumstances' under r.45.29J justifying departure from fixed costs.

Ratio Decidendi

In fixed costs cases under Section IIIA of Part 45, where a defendant accepts a claimant's Part 36 offer late but before trial, the claimant is only entitled to fixed costs unless exceptional circumstances under r.45.29J are established. There is no entitlement to standard or indemnity costs solely due to late acceptance. The fixed costs regime is comprehensive and exceptions must be expressly provided for or justified by exceptional circumstances.

Court Disposition

Appeals allowed; lower court orders set aside; fixed costs only recoverable.

Orders

  • Order of Judge Walden-Smith in Hislop set aside; order of District Judge Lenon QC restored (fixed costs only).
  • Order of District Judge Reed in Kaur set aside; Mrs Kaur entitled to fixed costs only up to the relevant stage.