Ferri v Gill [2019] EWHC 952 (QB) (17 April 2019)

The Master erred in law by applying a 'low bar' to the test for exceptional circumstances under CPR 45.29J and by measuring exceptionality against the wrong basket of cases. The correct approach is that 'exceptional circumstances' is a high threshold, to be measured against cases that have exited the Protocol and are subject to Section IIIA fixed costs regime.

Citation: [2019] EWHC 952 (QB)
Parties: Claimant/respondent: Mr Carl Ferri; Defendant/appellant: Mr Ian Gill
Jurisdiction: England and Wales
Judgment Date: 17 April 2019
Procedural Posture: Appeal / Judgment on Appeal From Senior Courts Costs Office
Outcome: Appeal allowed; Master's decision set aside.
Legal Topics: Fixed Recoverable Costs, Exceptional Circumstances, Personal Injury, CPR 45.29 J, Protocol Exit

Civil Procedure Costs Fixed Recoverable Costs Exceptional Circumstances Personal Injury CPR 45.29 J Protocol Exit

Case Brief

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Parties

Mr Carl Ferri

Claimant/respondent

Mr Ian Gill

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Senior Courts Costs Office

Legal Issues

1 What is the correct legal test for 'exceptional circumstances' under CPR 45.29J?
2 Did the Master err in law by applying a 'low bar' to exceptionality?
3 Against which 'basket' of cases should exceptionality be measured?

Ratio Decidendi

Court Disposition

Appeal allowed; Master's decision set aside.

Orders

Issue raised in preliminary point 3 remitted to Senior Courts Costs Office for reconsideration before a different Master.
No permission to appeal on factual grounds; remitted for fresh determination.