Ferri v Gill

Ferri v Gill

The Master erred in law by applying a 'low bar' to the test for exceptional circumstances under CPR 45.29J and by using the wrong comparator group; the correct approach requires a high threshold for exceptionality, measured against cases that have exited the Protocol and are subject to Section IIIA.

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, Master Mc Cloud
Outcome
Appeal allowed; matter remitted for reconsideration before a different Master.
Legal Topics
Fixed Recoverable Costs, Exceptional Circumstances, CPR 45.29 J, Personal Injury, Detailed Assessment
Civil Procedure Costs Fixed Recoverable Costs Exceptional Circumstances CPR 45.29 J Personal Injury Detailed Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mr Carl Ferri

Claimant/respondent

Mr Ian Gill

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Senior Courts Costs Office, Master Mc Cloud

Legal Issues

  1. 1 What is the correct legal test for 'exceptional circumstances' under CPR 45.29J permitting departure from fixed recoverable costs?
  2. 2 Against what category of cases should exceptionality be assessed under CPR 45.29J?

Ratio Decidendi

The Master erred in law by applying a 'low bar' to the test for exceptional circumstances under CPR 45.29J and by using the wrong comparator group; the correct approach requires a high threshold for exceptionality, measured against cases that have exited the Protocol and are subject to Section IIIA.

Court Disposition

Appeal allowed; matter remitted for reconsideration before a different Master.

Orders

  • The issue of exceptionality under preliminary point 3 is remitted to the Senior Courts Costs Office for reconsideration before a different Master.