Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) (10 November 2023)

Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) (10 November 2023)

The judge did not err in law in characterising the claim as a mixed claim and was entitled to exercise discretion under CPR r.44.16(2) to lift the QOCS cap, given the predominance of the credit hire claim and its benefit to a third party. The judge considered relevant factors and limited enforcement to £15,000. The appeal was dismissed.

Citation
[2023] EWHC 2832 (KB)
Parties
Appellant/claimant: Mr Muhammad Tanveer Amjad; Respondent/defendant: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2023
Procedural Posture
Appeal (costs Decision) / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified One Way Costs Shifting (qocs), Credit Hire Claims, Mixed Claims, Costs Orders, Appeals, Case Management
Civil Procedure Personal Injury Costs Qualified One Way Costs Shifting (qocs) Credit Hire Claims Mixed Claims Costs Orders Appeals +1 more

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 9
Sign in to unlock

Parties

Mr Muhammad Tanveer Amjad

Appellant/claimant

UK Insurance Limited

Respondent/defendant

Procedural Posture

Appeal (costs Decision) / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in lifting the QOCS cap under CPR r.44.16(2) in a mixed personal injury and credit hire claim
  2. 2 Whether the claim was properly characterised as a mixed claim or a personal injury claim 'in the round'
  3. 3 Whether the judge failed to consider relevant factors in exercising discretion to lift the QOCS cap

Ratio Decidendi

The judge did not err in law in characterising the claim as a mixed claim and was entitled to exercise discretion under CPR r.44.16(2) to lift the QOCS cap, given the predominance of the credit hire claim and its benefit to a third party. The judge considered relevant factors and limited enforcement to £15,000. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of the County Court affirmed; costs order against claimant enforceable up to £15,000.