Muhammad Osama Khan v Aviva Insurance Limited

Muhammad Osama Khan v Aviva Insurance Limited

The District Judge was entitled to make a costs order as the application to transfer to Part 7 at Stage 3 was not provided for in the Protocol or fixed costs regime, and such costs are at large and recoverable in the usual way. The DDJ did not make a costs order under CPR 44.11 for unreasonable conduct, but was correct to make a standard costs order. The Defendant's appeal is dismissed.

Parties
Claimant / Respondent: Muhammad Osama Khan; Defendant / Appellant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
01 September 2026
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction for Costs Orders, Fixed Costs Regime, Abuse of Process, Personal Injury Claims, Road Traffic Accident Protocol
Civil Procedure Costs Jurisdiction for Costs Orders Fixed Costs Regime Abuse of Process Personal Injury Claims Road Traffic Accident Protocol

Case Brief

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Parties

Muhammad Osama Khan

Claimant / Respondent

Aviva Insurance Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the District Judge had jurisdiction to make a costs order upon dismissal of the Defendant's application to transfer proceedings from Part 8 to Part 7 under the fixed costs regime
  2. 2 Whether the costs order was properly made under CPR 44.11 for unreasonable conduct
  3. 3 Whether it would be an abuse of process for the Defendant to contest jurisdiction for costs only after losing the application

Ratio Decidendi

The District Judge was entitled to make a costs order as the application to transfer to Part 7 at Stage 3 was not provided for in the Protocol or fixed costs regime, and such costs are at large and recoverable in the usual way. The DDJ did not make a costs order under CPR 44.11 for unreasonable conduct, but was correct to make a standard costs order. The Defendant's appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Defendant's appeal against the costs order is dismissed.
  • Costs order of £12,861.12 in favour of the Claimant stands, subject to reassessment if not agreed.